Judgments on price escalation by societies

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
Dear Experts,

My clients applied for a flat in a society and got those flats after 2 years they were made with intervention of High Court order...

Now when they were residing the society gave them a notice to pay the escalation costs. For which the aggrieved parties went to seek justice to Consumer court. In consumer court the court gave order in favor of the society. The case went in Appeal in which the State Commission sent the case back to the district commission for revision.

Now my question is:

1. Are there any judgments which favor my client clearly stating that the society's stand on this whole issue is baseless. And they cannot ask for escalation especially when such an amount is being asked after the flat was made and possession was given to others at the same price but these few with an escalated price of 3 lacs.

2. Any judgments to support my case in any way ?

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Raj Kumar Makkad (Expert) 30 November 2011
Law is nothing but a common sense and there is no requirement of any specific citation for this purpose as the agreement with the society qua sale was duly completed immediately on providing possession to you and registration of the ownership title in your favour. If any term of escalation finds place in your agreement to sale/allotment to be paid by you at the time of actual possession then there is no way for you and you are bound by that agreement.

Querist : Anonymous (Querist) 30 November 2011
If agreement mentions of the same then what you say is possible, Mr.Makkad .... But since in appeal the state commission sent back the case to the commission that must mean something.

Rajeev Kumar (Expert) 01 December 2011
Agree with Makkad

Shonee Kapoor (Expert) 01 December 2011
Fight it out. The Commission has to decide the case afresh.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com