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VIJAY KUMAR (SELF EMPLOYED)     01 August 2021

Thanks a lot for direct and indirect help to win ncdrc case

To The management of Lawyersclub & friends:

Thanks for direct or indirect help which i got here time to time from learned members to get following order dtd 28.08.2021 in CC/1446/2016 having few unique features;

14.    In view of aforementioned discussions the complaint is partly allowed. DLF Home Developers Ltd., (the builder) is directed (i) to offer possession of the apartment in dispute to the complainants afresh and hand over its possession to the complainants within 6 weeks and execute the sale/conveyance deed in their names, within one month thereafter, on payment of stamp duty, registration charges and other incidental legal charges, (ii) to pay compensation for delay in possession, i.e. interest @ Rs. 6%- per annum from 18.04.2012 till the offer of possession afresh on the sale price deposited by the predecessor of the complainants. The builder is entitled to realise/adjust the price of the increased area, and (iii) pay a cost of Rs.50,000/- to the complainants to meet out their litigation and other expenses.

 
......................
C. VISWANATH
PRESIDING MEMBER
......................J
RAM SURAT RAM MAURYA
MEMBER


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 4 Replies

Dr J C Vashista (Advocate)     02 August 2021

Congratulation for getting favourable order of NCDRC.

Thank you very much for such appreciation gesture.

1 Like

G.L.N. Prasad (Retired employee.)     02 August 2021

Congratulations.   You have battled for justice for 5 years for justice.  Your perseverance in exploring all avenues by different queries is highly appreciated.  There was a mistake in date of order, please correct it and wait anxiously as to whether the OP goes for an appeal or not.

1 Like

VIJAY KUMAR (SELF EMPLOYED)     02 August 2021

Dr J C Vashista and G L N Prasad, sir first of all thanks for appreciation, this case has few unique features:

1. It was handled by an authorised representative.

2. Compensation was given to repurchaser of this case from original buyer's possession date on the basis of ' LAW OF TRANSFER', by Hon'ble Bench of NCDRC and didn't follow Hon'ble Supreme Court judgment in several cases that compensation to repurchaser will be computed from his/her entry.

3. Repurchaser of this case was not offered a single penny as compensation by DLF Home with offer of possession in 2016 which was actually scheduled in 2012.

4. As per order, if compensation has not been offered by builder for delay possession then buyer can refuse to take possession and will be entitled to get compensation till fresh offer of possession as happened in this case.

                                                                  Order was passed on 28.07.2021 by mistake it is written 28.08.2021..............still work in this case is left even after getting + Rs 40,00,000 as compensation through order:

i. Review application for justification of increased Super Area which increased rest amount to pay from Rs 6,00,000 to Rs.19,00,000

2. DLF should be directed to pay penalty in form of compensation in same rate 15% for first 3 months then 18% thereafter. My prayer give 6% to purchaser and rest amount would be taken in Consumer Welfare fund, in such way builders wouldn't delay projects in most of the cases.

                                   Waiting eagerly another judgement in another case bigger than this since 10/3/2021 order reserved in CC/370/2013 for same complainant.............hope would help to bring light in many families after order in CC/370/2013...........once again thanks all learned members and management.

Shashikant V. Patil (Lawyer)     03 August 2021

Congratulation for judgement in your favour.


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