Recently I won a case against builder in NCDRC and got delay compensation since 2012 till possession (possession was offered in Dec 16 without any delay compensation for delay of 4 years so it was refused to take possession)
In this case rest amount of Rs. 5,76,000 to be paid at possession time which was increase to Rs 17,00,000 by increasing maximum balcony area (above 70% when apartment as per agreement had less 10% balcony area)
After order of NCDRC, Commission also dismissed (didn’t bother to go through) Review Petition for following genuine points:
- Govt. levies with possession should have been applicable till possession time e. 2012 but no clarity in order (Circle Rate in Delhi was increase in 2014 builder will charge as per 2021 rates)
- To waive off unfair increased demand on the basis of unfair/unjustified appreciation of Super Area from 1420 SF to 1579 SF
Builder neither giving possession nor filing appeal in Supreme Court trying to waste time to pass 31st Dec 2021 of 20% circle rate discount
I can’t file execution petition in NCDRC then would not be able to file appeal in Supreme Court.
I am filing little late because matter was given to a counsel one month back but nothing happened perhaps due to lack of hands or work load.
I handled the matter in NCDRC as Authorised Person as NCDRC allows it but in Supreme Court only party in person or a counsel can file.