w w w . L a w y e r S e r v i c e s . i n



Parsvnath Developers Limited v/s Sangeeta Mehra & Another


Company & Directors' Information:- PARSVNATH DEVELOPERS LIMITED [Active] CIN = L45201DL1990PLC040945

Company & Directors' Information:- K V DEVELOPERS PRIVATE LIMITED [Active] CIN = U70102DL2012PTC241987

Company & Directors' Information:- A TO Z DEVELOPERS LIMITED [Active] CIN = U70200UP2007PLC034064

Company & Directors' Information:- D AND S DEVELOPERS PRIVATE LIMITED [Amalgamated] CIN = U45201DL2004PTC126849

Company & Directors' Information:- V K C DEVELOPERS PRIVATE LIMITED [Active] CIN = U70100KA2007PTC042245

Company & Directors' Information:- J G DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC158684

Company & Directors' Information:- I T DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144738

Company & Directors' Information:- C S M DEVELOPERS PRIVATE LIMITED [Active] CIN = U04520MP2005PTC017927

Company & Directors' Information:- R K R DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC046539

Company & Directors' Information:- D N J DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109AP2011PTC090762

Company & Directors' Information:- H D V S DEVELOPERS LIMITED [Active] CIN = U45201WB2004PLC198667

Company & Directors' Information:- K K B DEVELOPERS PRIVATE LIMITED [Active] CIN = U70100MH2003PTC140111

Company & Directors' Information:- M C DEVELOPERS CO PRIVATE LIMITED [Active] CIN = U45201WB2005PTC103500

Company & Directors' Information:- N R S DEVELOPERS PRIVATE LIMITED [Active] CIN = U70102DL2007PTC161223

Company & Directors' Information:- B K DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201KA2006PTC038528

Company & Directors' Information:- C L DEVELOPERS PVT LTD [Active] CIN = U45400WB1990PTC050024

Company & Directors' Information:- K K S DEVELOPERS INDIA PRIVATE LIMITED [Active] CIN = U45202UR2005PTC031113

Company & Directors' Information:- D B DEVELOPERS LIMITED [Active] CIN = U45202PN1999PLC013957

Company & Directors' Information:- A. M. DEVELOPERS (INDIA) PRIVATE LIMITED [Active] CIN = U70102KA2007PTC044101

Company & Directors' Information:- B R DEVELOPERS PRIVATE LIMITED. [Active] CIN = U45201AS2008PTC008562

Company & Directors' Information:- P P DEVELOPERS PVT LTD [Active] CIN = U70101WB1989PTC045879

Company & Directors' Information:- R D DEVELOPERS PVT LTD [Active] CIN = U45201WB1987PTC042181

Company & Directors' Information:- K R J DEVELOPERS PRIVATE LIMITED [Active] CIN = U67100TN2011PTC082403

Company & Directors' Information:- C S R DEVELOPERS PRIVATE LIMITED [Active] CIN = U70101WB2005PTC102513

Company & Directors' Information:- G R DEVELOPERS PVT LTD [Strike Off] CIN = U70109WB1995PTC074531

Company & Directors' Information:- M L DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149835

Company & Directors' Information:- K S DEVELOPERS PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2005PTC139269

Company & Directors' Information:- P A V DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400UP2007PTC033209

Company & Directors' Information:- E D DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400MH2011PTC216103

Company & Directors' Information:- N. C. DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109PB2008PTC031764

Company & Directors' Information:- S K J DEVELOPERS PRIVATE LIMITED [Active] CIN = U70101WB1997PTC085004

Company & Directors' Information:- D V R DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074520

Company & Directors' Information:- M D DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2002PTC117983

Company & Directors' Information:- P R DEVELOPERS PRIVATE LIMITED [Active] CIN = U70200UP2006PTC032443

Company & Directors' Information:- A V DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062929

Company & Directors' Information:- M N DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC164779

Company & Directors' Information:- V S DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL2000PTC105589

Company & Directors' Information:- V M DEVELOPERS PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2004PTC130706

Company & Directors' Information:- V. A. DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC159386

Company & Directors' Information:- K R MEHRA & CO PRIVATE LIMITED [Active] CIN = U15410DL2012PTC234602

Company & Directors' Information:- A K DEVELOPERS PVT LTD [Active] CIN = U70101WB1996PTC081098

Company & Directors' Information:- S G P DEVELOPERS PRIVATE LIMITED [Active] CIN = U70181DL2005PTC132775

Company & Directors' Information:- J P L DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063657

Company & Directors' Information:- S M K DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139327

Company & Directors' Information:- B M DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114990

Company & Directors' Information:- H A DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL1997PTC090629

Company & Directors' Information:- P M DEVELOPERS PRIVATE LIMITED [Active] CIN = U70102WB2006PTC107087

Company & Directors' Information:- T G DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH1996PTC099741

Company & Directors' Information:- R J DEVELOPERS PRIVATE LIMITED [Active] CIN = U70200DL2011PTC215579

Company & Directors' Information:- S T DEVELOPERS COMPANY PVT LTD [Active] CIN = U70101WB1992PTC057111

Company & Directors' Information:- S P A DEVELOPERS PRIVATE LIMITED [Active] CIN = U70200WB2010PTC147306

Company & Directors' Information:- A. S. M. Z DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC144894

Company & Directors' Information:- C B DEVELOPERS PRIVATE LIMITED [Active] CIN = U70101WB1998PTC087986

Company & Directors' Information:- T & A DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109DL2013PTC259387

Company & Directors' Information:- S. K. & S. K. DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH2007PTC167510

Company & Directors' Information:- P G DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH1996PTC099738

Company & Directors' Information:- N G DEVELOPERS PRIVATE LIMITED [Active] CIN = U70100MH1996PTC099694

Company & Directors' Information:- R B S DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200TN2011PTC082253

Company & Directors' Information:- V P DEVELOPERS PRIVATE LIMITED [Active] CIN = U45203MP2007PTC019879

Company & Directors' Information:- J. S. T. DEVELOPERS PRIVATE LIMITED [Active] CIN = U70100HR2015PTC054780

Company & Directors' Information:- SANGEETA DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC116918

Company & Directors' Information:- I. P. DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194890

Company & Directors' Information:- K G DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201WB1997PTC084096

Company & Directors' Information:- R P DEVELOPERS PRIVATE LIMITED [Active] CIN = U70101WB1997PTC084769

Company & Directors' Information:- A P M DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109WB1998PTC086581

Company & Directors' Information:- D Y DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC084057

Company & Directors' Information:- S. R. K. DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201DL1997PTC088685

Company & Directors' Information:- A J S DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC129171

Company & Directors' Information:- S A V DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200PN2009PTC133464

Company & Directors' Information:- S M DEVELOPERS PVT. LTD. [Active] CIN = U70101WB1989PTC046737

Company & Directors' Information:- M H DEVELOPERS PVT LTD [Active] CIN = U45201WB2006PTC109466

Company & Directors' Information:- P S DEVELOPERS PVT LTD [Strike Off] CIN = U45202WB1990PTC050298

Company & Directors' Information:- S F G DEVELOPERS PRIVATE LIMITED [Active] CIN = U70101DL1997PTC089277

Company & Directors' Information:- D D DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109BR2007PTC024290

Company & Directors' Information:- T C G DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH2005PTC153314

Company & Directors' Information:- H R S DEVELOPERS LIMITED [Strike Off] CIN = U45209PB2010PLC033782

Company & Directors' Information:- A S DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201MH2007PTC175008

Company & Directors' Information:- J A DEVELOPERS PRIVATE LIMITED [Active] CIN = U45202WB1999PTC090575

Company & Directors' Information:- M AND R DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45400JK2012PTC003492

Company & Directors' Information:- D G M DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200HR2008PTC037623

Company & Directors' Information:- R R DEVELOPERS PVT LTD [Active] CIN = U45203TG1989PTC010727

Company & Directors' Information:- B S DEVELOPERS PRIVATE LIMITED [Converted to LLP] CIN = U45102MH2006PTC158721

Company & Directors' Information:- J. M. DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200DL2007PTC159432

Company & Directors' Information:- M B DEVELOPERS PVT LTD [Strike Off] CIN = U70101WB1990PTC049368

Company & Directors' Information:- S. M. DEVELOPERS PVT. LTD. [Strike Off] CIN = U70102WB1995PTC072333

Company & Directors' Information:- N. A. K. DEVELOPERS PVT. LTD. [Strike Off] CIN = U45201WB1997PTC085737

Company & Directors' Information:- S G DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC178891

Company & Directors' Information:- G AND A DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141220

Company & Directors' Information:- K K DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400UP2007PTC034070

Company & Directors' Information:- M A DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201MH2003PTC143483

Company & Directors' Information:- M N G DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH1999PTC119682

Company & Directors' Information:- A R H DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45400UP2010PTC042708

Company & Directors' Information:- P S DEVELOPERS (INDIA) PRIVATE LIMITED [Active] CIN = U45200WB2007PTC113366

Company & Directors' Information:- P A DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC124648

Company & Directors' Information:- M. J. DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166506

Company & Directors' Information:- G D DEVELOPERS PVT LTD [Active] CIN = U70101WB1988PTC043611

Company & Directors' Information:- M R DEVELOPERS PVT LTD [Active] CIN = U70101WB1995PTC072428

Company & Directors' Information:- G M DEVELOPERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45203AR2012PTC008356

Company & Directors' Information:- A C T DEVELOPERS PVT LTD [Active] CIN = U99999DL1980PTC011066

Company & Directors' Information:- A B P DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70109DL1991PTC046395

Company & Directors' Information:- L R DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201WB1997PTC084844

Company & Directors' Information:- P N DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200MH1998PTC115864

Company & Directors' Information:- J L DEVELOPERS PVT LTD [Strike Off] CIN = U45201WB1980PTC032702

Company & Directors' Information:- M. H. DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC154692

Company & Directors' Information:- N B DEVELOPERS PVT LTD [Active] CIN = U70200WB1989PTC047650

Company & Directors' Information:- U R DEVELOPERS PVT LTD [Strike Off] CIN = U70100PB2006PTC029931

Company & Directors' Information:- V. S. S. DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200PN2009PTC133322

Company & Directors' Information:- B A DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70102WB2011PTC171325

Company & Directors' Information:- L N DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030366

Company & Directors' Information:- R S DEVELOPERS PVT LTD [Active] CIN = U70101CH1990PTC010274

Company & Directors' Information:- R V DEVELOPERS PVT. LTD. [Strike Off] CIN = U70109DL1987PTC027442

Company & Directors' Information:- H V DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201RJ2013PTC042066

Company & Directors' Information:- R. B. DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45203TN2011PTC080082

Company & Directors' Information:- I N R DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400MH2014PTC254493

Company & Directors' Information:- S J DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70100MH2005PTC150824

Company & Directors' Information:- V A R DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200TN2007PTC063043

Company & Directors' Information:- V M R DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060996

Company & Directors' Information:- N R F DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70102UP2015PTC069317

Company & Directors' Information:- I A M DEVELOPERS PVT LTD [Strike Off] CIN = U70100CH2006PTC029844

Company & Directors' Information:- Y D DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45209DL2006PTC156682

Company & Directors' Information:- R N D DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168299

Company & Directors' Information:- R G DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031339

Company & Directors' Information:- G G DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC056934

Company & Directors' Information:- C H S DEVELOPERS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2004PTC125035

Company & Directors' Information:- S E DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC123873

Company & Directors' Information:- H D DEVELOPERS PRIVATE LIMITED [Active] CIN = U70200DL2011PTC226043

Company & Directors' Information:- A. MEHRA AND COMPANY PRIVATE LIMITED [Active] CIN = U51109DL2000PTC105672

Company & Directors' Information:- A P R DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1996PTC079445

Company & Directors' Information:- N A DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152389

Company & Directors' Information:- D J M DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70109DL2012PTC235950

Company & Directors' Information:- U P DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200DL2010PTC209825

Company & Directors' Information:- M A M DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232631

Company & Directors' Information:- B K M DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC245107

Company & Directors' Information:- J J R M DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC192808

Company & Directors' Information:- J D S DEVELOPERS PRIVATE LIMITED [Active] CIN = U70100DL2010PTC205989

Company & Directors' Information:- N R DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200HR2013PTC049319

Company & Directors' Information:- R R S DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70100HR2011PTC044204

Company & Directors' Information:- L & D DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70200HR2012PTC045485

Company & Directors' Information:- M & U DEVELOPERS PRIVATE LIMITED [Active] CIN = U70102GJ2012PTC069113

Company & Directors' Information:- D & C DEVELOPERS PRIVATE LIMITED [Active] CIN = U70101GJ2009PTC056789

Company & Directors' Information:- J K DEVELOPERS PVT LTD [Strike Off] CIN = U45201GJ1995PTC026279

Company & Directors' Information:- R N Y DEVELOPERS PRIVATE LIMITED [Active] CIN = U70200DL2020PTC369628

Company & Directors' Information:- L.T.D DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109HR2017PTC069072

Company & Directors' Information:- A B H DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70102KA2007PTC043132

    First Appeal No. 604 of 2019

    Decided On, 28 January 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appellant: Vineet Sinha, Manmeet Singh Nagpal, Advocates. For the Respondents: Sudhir Kumar Mishra, N.P. Yadav, Advocates.



Judgment Text


Oral:

The complainant/respondent booked a residential flat with the appellant company in a project namely Parsvnath Privilege which the appellant was to develop on a plot bearing No. 11 in sector Pi of Greater Noida. Vide letter dated 07.08.2008, unit T2-803 in the afore-said project was allotted to the complainant who then executed an agreement with the appellant company on 07.08.2008, incorporating their respective applications in respect of the said transaction. The basic sale price of the flat was agreed at Rs.45,01,001/-. In terms of clause 10(a) of the agreement the construction was likely to becompleted within 36 months of commencement of construction of the block in which the flat was located. The construction of the flat allotted to the complainant, however, was not completed and the possession was not offered to them despite them having paid the entire basic sale price of Rs.45,01,001/- to the appellant. The complainants, therefore, approached the concerned State Commission by way of a consumer complaint seeking refund of the amount which they had paid to the appellant along-with compensation etc.

2. The complaint was resisted by the appellant company which admitted the allotment made to the complainant and also did not dispute the payment received from her. It was inter alia stated in the written version filed by the appellant that the delay in completion of the construction happened on account of global recession.

3. The State Commission vide impugned order dated 10.01.2019 directed as under:-

“a. refund the amount of Rs. 45,01,001/- alongwith interest @ 12% p.a. from the date of its deposit till the date of its realization.

b. to pay compensation to the tune of Rs.2,00,000/- to the complainant for harassment inconvenience, frustration, sadness, anguish and mental agony caused to her.

c. to pay litigation charges to the tune of Rs.25,000/-”

4. Being aggrieved by the order passed by the State Commission the appellant is before this Commission.

5. The matter involved in this appeal is no more res integra being covered by several decisions of this Commission in respect of the allotments made in this very project. A reference in this regard can be made to the decision of this Commission dated 07.11.2019 in CC No. 1393 of 2016 – Ashwin Mittal Vs. Parsvnath Developers Limited where the complainant had booked a residential apartment in this very project and the construction was not complete despite he having made substantial payment to the appellant. The decision of this Commission in Ashwin Mittal (supra) to the extent it is relevant reads as under:-

“5. It is an admitted position before me that the complaint has been resisted by the OP on the grounds which this Commission has already rejected in ‘CC No. 232 of 2014 - Puneet Malhotra Vs. Parsvnath Developers Ltd. and connected matters decided on 29.01.2015 and several other subsequent decisions.

6. The decision of this Commission in Puneet Malhotra (supra) to the extent is relevant, reads as under:

“4. The complaints have been resisted by the respondent company on the ground that the complainants are seeking refund with exorbitant interest. It is also claimed that since the basic value of the property is much less than Rupees one crore, this Commission lacks pecuniary jurisdiction to entertain the complaints. It is also pointed out in the reply that as per the tripartite agreement executed between the complainants and opposite party and the Banks from which the loan was taken by the complainants, the bank has lien over the refund amount, in the event of cancellation and/or termination of the agreement. As regards the delay in construction, it is claimed that the said delay occurred due to recession in Real Estate Sector. It is also submitted in the reply that in view of the terms of the agreement between the parties, a complainant cannot claim more than the compensation stipulated in the Flat-Buyer Agreement.

6. Vide Clause 10 (a) of the Flat-Buyers Agreement, the opposite party represented to the complainants that the construction of the flat was likely to be completed within thirty-six months from the date of commencement of the construction of the particular block in which the flat was located, on receipt of all requisite approvals but subject to force-majeure and restraints/restrictions from any Court/Authorities, non-availability of building material and any circumstances beyond the control of the Developers, subject to timely payment by the buyer. It is an admitted case that the opposite party failed to complete the construction within the aforesaid time. As far as the statutory approvals are concerned, the same were to be obtained by the opposite party and the complainants cannot be held responsible for any delay in grant of such approvals though, it is not the case of the opposite party that the construction could not be completed for want of aforesaid statutory approvals. The case of the opposite party is that the project could not be completed on account of the recession in the Real Estate market, including reduction in the number of bookings and default on the party of the some of the allottees in making timely payment. The terms of the agreement between the parties do not justify the delay in completion of the project on the aforesaid grounds and therefore, the opposite party was duty bound to complete the construction irrespective of the recession in the market, reduction in bookings and the alleged default on the part of some of the allottees in making timely payment. This is not the case of the opposite party; that the construction could not be completed due to any restriction from any Court/Authority or due to non-availability of building material. If some of the allottees had not made timely payment, it was for the opposite party to arrange the requisite finance either by taking loan or from its own resources or by liquidating Inventory at a lower price. Therefore, the delay in completion of the projects cannot be justified.

7. Since the opposite party could not compete the projects in which the residential flats were booked by the complainants, either within the agreed time of thirty-six months or even within a reasonable time thereafter, and even today the projects are nowhere near completion, the complainants are entirely justified in seeking refund of the amount, which they had paid to the opposite party. In fact, during the course of hearing, the only contention on behalf of the opposite party was that the complainants are not entitled to interest at the rate claimed by them nor are they entitled to the compensation claimed by them and they can be awarded only the refund of the amount paid by them, along with compensation in terms of Clause-10(c) of the Flat-Buyer Agreement.

8. The Clause on which the reliance is placed by the opposite party, reads as under:

“In case of delay in construction of the Flat beyond the period as stipulated subject to force majeure and other circumstances as aforesaid under Clause 10 (a), the Developer shall pay to the Buyer compensation @ Rs.53.82/- (Rupees Fifty three and paise eighty two only) per sq. meter or @ Rs.5/- (Rupees Five only) per sq. ft. of the super area of the Flat per month for the period of delay. Likewise, if the Buyer fails to settle the final account of the Flat within thirty days from the date of issue of the final call notice, the buyer shall be liable to pay to the Developer holding charges @ Rs.53.82/- (Rupees Fifty three and paise eighty two only) per sq. meter or @ Rs.5/- (Rupees Five only) per sq. ft. of the super area of the Flat per month on expiry of thirty days’ notice. Further, in the event of his failure to take possession for any reason whatsoever, the Buyer shall be deemed to have taken possession of the Flat on expiry of thirty days of offer of possession for all intents and purpose under this Clause/Agreement including for liability to payment of maintenance and any other charges, levies in respect of the Flat”.

9. In our opinion, the aforesaid Clause applies only in a case where construction of the flat is delayed but despite delay, the buyer accepts possession of the said flat from the seller, and consequently, accounts have to be settled between the parties. At that stage, the buyer would pay the agreed holding charges to the seller, who will pay the agreed compensation on account of delaying the construction of the flat. The aforesaid Clause, in our opinion would not apply to a case where the buyer, on account of the delay on the part of the seller in constructing the flat, is no more interested in the flat subject matter of the agreement and wants to take refund of the amount, which he had paid to the seller. In any case, such a clause, where the seller, in case of default on the part of the buyer, seeks to recover interest from him at the rate of 24% per annum will amount to an unfair trade practice since it gives an unfair advantage to the seller over the buyer. We may note here that the enumeration of the unfair trade practices in Section 2(r) of the Act is inclusive, not exhaustive.”

7. Reliance is also placed upon the decision of this Commission in CC No.1503 of 2016 Surinder Kumar Sarna Vs. Parsvnath Developers Limited & connected matter decided on 11.04.2019 which to the extent it is relevant, reads as under:

7. A clause similar to clause 10(c) of the Buyers Agreement providing for payment of compensation @ 5/- per sq.ft. of super area per month in the event of delay, came up for consideration of the Hon’ble Supreme Court recently in Civil Appeal No. 12238 of 2018 - Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan decided on 2.4.2019 and following was the view taken by the Hon’ble Supreme Court:-

6.3. The National Commission in the Impugned Order dated 23.10.2018 held that the Clauses relied upon by the Builder were wholly one-sided, unfair and unreasonable, and could not be relied upon.

The Law Commission of India in its 199th Report, addressed the issue of ‘Unfair (Procedural & Substantive) Terms in Contract’. The Law Commission inter-alia recommended that a legislation be enacted to counter such unfair terms in contracts. In the draft legislation provided in the Report, it was stated that :

“A contract or a term thereof is substantively unfair if such contract or the term thereof is in itself harsh, oppressive or unconscionable to one of the parties.”

6.4. A perusal of the Apartment Buyer’s Agreement dated 08.05.2012 reveals stark incongruities between the remedies available to both the parties.

For instance, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser.

Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 days.

On the other hand, as per Clause 11.5 of the Agreement, if the Appellant – Builder fails to deliver possession of the apartment within the stipulated period, the Respondent – Flat Purchaser has to wait for a period of 12 months after the end of the grace period, before serving a Termination Notice of 90 days on the Appellant – Builder, and even thereafter, the Appellant – Builder gets 90 days to refund only the actual installment paid by the Respondent – Flat Purchaser, after adjusting the taxes paid, interest and penalty on delayed payments. In case of any delay thereafter, the Appellant – Builder is liable to pay Interest @ 9% p.a. only.

6.5. Another instance is Clause 23.4 of the Agreement which entitles the Appellant – Builder to serve a Termination Notice upon the Respondent – Flat Purchaser for breach of any contractual obligation. If the Respondent – Flat Purchaser fails to rectify the default within 30 days of the Termination Notice, then the Agreement automatically stands cancelled, and the Appellant – Builder has the right to forfeit the entire amount of Earnest Money towards liquidated damages.

On the other hand, as Clause 11.5 (v) of the Agreement, if the Respondent – Flat Purchaser fails to exercise his right of termination within the time limit provided in Clause 11.5, then he shall not be entitled to terminate the Agreement thereafter, and shall be bound by the provisions of the Agreement.

6.6. Section 2 (r) of the Consumer Protection Act, 1986 defines ‘unfair trade practices’ in the following words :

“‘unfair trade practice’ means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice …”, and includes any of the practices enumerated therein. The provision is illustrative, and not exhaustive.

6.7. A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.

The contractual terms of the Agreement dated 08.05.2012 are ex-facie one-sided, unfair, and unreasonable. Th

Please Login To View The Full Judgment!

e incorporation of such one-sided clauses in an agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986 since it adopts unfair methods or practices for the purpose of selling the flats by the Builder. 7. In view of the above discussion, we have no hesitation in holding that the terms of the Apartment Buyer’s Agreement dated 08.05.2012 were wholly one-sided and unfair to the Respondent – Flat Purchaser. The Appellant – Builder could not seek to bind the Respondent with such one-sided contractual terms.” 6. The Learned Counsel for the complainant states on instructions that for giving quietus to the matter the complainant is ready and willing to accept the refund of the principal amount paid to the appellant, along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date of refund, in terms of the order of this Commission in Ashwin Mittal (supra). The appeal is, therefore, disposed of in terms of the following directions:- i) The opposite party shall refund the entire principal amount of Rs.45,01,001/- to the complainant alongwith compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date of refund. (ii) The opposite party shall pay a sum of Rs.25,000/- as the cost of litigation to the complainant. (iii) The payment in terms of this order shall be made within three months from today.
O R







Judgements of Similar Parties

15-10-2020 Gautam Mehra Versus Union of India & Others High Court of Judicature at Calcutta
15-10-2020 Parsvnath Exotica Ghaziabad Flat Buyers Association Versus Parsvnath Developers Ltd. National Consumer Disputes Redressal Commission NCDRC
30-09-2020 M/s. Taneja Developers & Infrastructure Ltd., New Delhi Versus Col. B.S. Goraya National Consumer Disputes Redressal Commission NCDRC
30-09-2020 M/s. Desai Developers & Builders Pvt. Ltd., Maharashtra Versus Shree Sainath Co-Op. Housing Society Ltd., Mumbai & Another National Consumer Disputes Redressal Commission NCDRC
28-08-2020 M/S Ambience Infrastructure Private Limited (Now Known As) Ambience Developers And Infrastructure Pvt Ltd. & Another Versus Ambience Island Apartment Owners & Others Supreme Court of India
28-08-2020 Mahindra Lifespace Developers Ltd., Rep.by its Authorized Signatory R. Eswaran Versus The Chairman and Managing Director, TANGEDCO, Chennai & Others High Court of Judicature at Madras
21-08-2020 M/s. Bollineni Developers Ltd., Branch Office at Chennai Represented by its Chairman B. Krishnaiah Versus K. Sailendra Kumar & Others High Court of Rajasthan
21-08-2020 M/s. Bollineni Developers Ltd., Branch Office at Chennai Represented by its Chairman B. Krishnaiah Versus K. Sailendra Kumar & Others High Court of Rajasthan
21-08-2020 M/s. Bollineni Developers Ltd., Represented by its Chairman B. Krishnaiah Versus K. Sailendra Kumar & Others High Court of Judicature at Madras
10-08-2020 R.V. Ramesh Yadav Versus M/s. Symbiosis Developers, Represented by its Partner M. Chetan Kumar & Another High Court of Karnataka
27-07-2020 Three C Universal Developers Private Limited & Others Versus Horizon Crest India Real Estate & Others High Court of Delhi
23-07-2020 Olga D'Souza & Others Versus M/s. Nitin Developers Pvt. Ltd. & Others In the High Court of Bombay at Goa
25-06-2020 Rahul Mehra @ Daddu Versus State of Karnataka, State by Ramanagara Rural Police, Bangalore High Court of Karnataka
18-06-2020 M/s.Vaibhav Laxmi Builders & Developers Versus Laxmibai Chinduji Puram National Consumer Disputes Redressal Commission NCDRC
05-06-2020 Subhash Chand Garg & Others Versus M/S H.K.S. Developers Private Ltd & Others High Court of Judicature at Allahabad
22-05-2020 Kryshnajay Developers Private Limited Versus Kapil M. Mahtani & Others High Court of Judicature at Bombay
21-05-2020 Magic Eye Developers Pvt. Ltd. Versus Green Edge Infra Pvt. Ltd. & Others High Court of Delhi
19-05-2020 Parsvnath Developers Limited & Another Versus Rail Land Development Authority High Court of Delhi
11-05-2020 Posco Engineering & Construction India Pvt. Ltd. Versus Sinew Developers Pvt. Ltd. Supreme Court of India
29-04-2020 BCH Electric Limited Versus Pradeep Mehra Supreme Court of India
23-03-2020 Damyanti Devi Versus Vipul Infrastructure Developers Ltd. & Others High Court of Delhi
13-03-2020 GBM Developers & Promoters P Ltd., Through its Director, Subhash Bansal, Chandigarh Versus Col. Sukhwant Singh Saini National Consumer Disputes Redressal Commission NCDRC
11-03-2020 M/s. Logical Developers Private Limited, New Delhi, Represented by Its Authorized Signatory Jose Joseph, Kochi & Another Versus M/s. Muthoot Mini Financiers Private Limited, Pathanamthitta, Represented by Its Chairman & Managing Director Roy M. Mathew & Others High Court of Kerala
05-03-2020 M/s. Bajwa Developers Ltd., Punjab & Others Versus Harpreet Bhagirath & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Morpheus Developers Private Ltd V/S Ravi Ranjan and Others. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI
27-02-2020 Lakadwala Developers Pvt. Ltd. & Others Versus Amarjeet Singh Baryam Singh National Consumer Disputes Redressal Commission NCDRC
26-02-2020 Adhish Kumar Kundu Versus M/s. Orchid Developers Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
26-02-2020 Suman Kumar Pattnaik & Another Versus M/s. Orchid Developers Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
26-02-2020 Puridi Mohan Murali V/S M/s Aliens Developers Private Limited, Represented by its Managing Director & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
25-02-2020 Rajesh Kumar Versus Parsvnath Developers Limited Through Its Director Delhi State Consumer Disputes Redressal Commission New Delhi
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
25-02-2020 Pulakhanadam Phani Raja Kumari Versus M/s Aliens Developers Pvt. Ltd., Reptd. by its Managing Director Sri N. Ashok Kumar & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
25-02-2020 The Commissioner of Income Tax, Chennai Versus M/s. A.R. Builders & Developers P. Ltd., Mylapore, Chennai, PAN: AABCE3953A High Court of Judicature at Madras
19-02-2020 Prabhjeet Singh Versus M/s. Parsvnath Developers Limited Delhi State Consumer Disputes Redressal Commission New Delhi
19-02-2020 Parsvnath Villas & Floors Buyers Association, Delhi V/S Parsvnath Developers Limited, Delhi National Consumer Disputes Redressal Commission NCDRC
18-02-2020 Raj Nagar Extension N H 58 Developers Association & Another Versus State of U.P. & Another High Court of Judicature at Allahabad
18-02-2020 Principal Commissioner Goods & Service Tax Delhi South Versus Premium Real Estate Developers High Court of Delhi
18-02-2020 M/s. Anand Developers, through its Authorized Representative Ashish V. Prabhu Verlekar Versus Asst. Commissioner of Income Tax Circle 2(1) & Another In the High Court of Bombay at Goa
17-02-2020 Parsvnath Developers Limited Through Its Authorized Signatory, Delhi Versus Vineet Mathur & Others National Consumer Disputes Redressal Commission NCDRC
14-02-2020 VGN Projects Estates Pvt. Ltd., (formerly known as VGN Property Developers Pvt. Ltd.), Represented by its Authorised Signatory A. Rangappan Versus The Commissioner, Corporation of Chennai & Others High Court of Judicature at Madras
14-02-2020 Sobha Hibiscus Condominium Versus Managing Director, M/s. Sobha Developers Ltd. & Another Supreme Court of India
13-02-2020 Experion Developers Pvt. Ltd. V/S Assistant Commissioner of Income Tax And Others High Court of Delhi
12-02-2020 Umesh Chand Sharma & Others Versus Parsvnath Developers Limited National Consumer Disputes Redressal Commission NCDRC
07-02-2020 India Affordable Housing Solutions, (IAHS) & Another Versus Konark Infra Developers Private Limited & Others High Court of Delhi
05-02-2020 Parsvnath Developers Limited, Through Its Authorised Signatory, Delhi & Others Versus Jyoti Sood @ Jyotish Lata Sood & Others National Consumer Disputes Redressal Commission NCDRC
31-01-2020 Supriyo Sengupta & Others Versus M/s. Aliens Developers (P) Limited, Rep. by its Managing Director & Joint Managing Director & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
31-01-2020 Beena Dineshbhai Vaja & Others Versus M/s. Aliens Developers (P) Limited, Rep. by its Managing Director & Joint Managing Director & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
30-01-2020 Sudha Gupta Versus Preet Land Promoters & Developers Pvt. Ltd. Punjab State Consumer Disputes Redressal Commission Chandigarh
27-01-2020 Omaxe Chandigarh Extension Developers Pvt. Ltd., Mullanpur & Another Versus Sheshpal Sharma & Another National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Spark Developers & Another Versus State of Maharashtra & Others High Court of Judicature at Bombay
21-01-2020 Viswasani India Developers Private Limited Versus Gonapati Parameshwar Reddy High Court of Andhra Pradesh
20-01-2020 R.C. Sood & Co. Developers Pvt. Ltd. Versus Sunil Bansal & Others National Consumer Disputes Redressal Commission NCDRC
20-01-2020 M/s. Saldanha Developers Pvt. Ltd. A Private Limited Company & Others Versus The Goa Coastal Zone Management Authority, c/o. Department of Science & Others In the High Court of Bombay at Goa
20-01-2020 Govardhan Reddy Katireddy, Hyderabad Versus M/s Aliens Developers Private Limited Telangana State Consumer Disputes Redressal Commission Hyderabad
16-01-2020 Santosh & Another Versus Parasvnath Developers Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
14-01-2020 M/s. R.K. Builders & Developers Versus Ramesh Prahlad Gajbhiye Maharshtra State Consumer Disputes Redressal Commission Nagpur
14-01-2020 M/s. M.S. Shah Developers Pvt. Ltd., Maharashtra Versus Kishore Birbal Soni National Consumer Disputes Redressal Commission NCDRC
08-01-2020 State of Maharashtra & Others Versus Vardhaman Developers Limited High Court of Judicature at Bombay
07-01-2020 Pratibha & Another Versus M/s. Monarch Infrastructure Developers Private Limited National Consumer Disputes Redressal Commission NCDRC
07-01-2020 M/s. Swapnil Builders & Developers Versus Iila Banerjee National Consumer Disputes Redressal Commission NCDRC
07-01-2020 Bajwa Developers Ltd. & Another Though Its Director Baldev Singh Bajwa Versus Harjinder Singh Chhaggar & Others National Consumer Disputes Redressal Commission NCDRC
07-01-2020 Macrotech Developers Ltd. Versus State of Maharashtra High Court of Judicature at Bombay
06-01-2020 Sanjila Bansal Versus M/s. Omaxe Chandigarh Extension Developers Private Limited & Others National Consumer Disputes Redressal Commission NCDRC
06-01-2020 M/s. Mantri Developers Private Limited & Others Versus Nupur Anchlia & Another National Consumer Disputes Redressal Commission NCDRC
03-01-2020 Emerald Woollen Mills Private Limited Versus Hanuman Developers High Court of Judicature at Bombay
02-01-2020 Amrita Bandyopadhyay & Another Versus M.B. Developers & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
31-12-2019 M/s. Ganapati Developers & Others Versus Rakesh Pradhan & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-12-2019 M/s Suchir India Developers Pvt., Ltd., Rep. by its Chief Executive Officer Versus Dr. P. Mallika Telangana State Consumer Disputes Redressal Commission Hyderabad
18-12-2019 Shuba Deep Chandra & Others Versus M/s. Aliens Developers Pvt., Limited & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
18-12-2019 Neha Nischal & Others Versus M/s Aliens Developers Pvt., Limited, Rep. by its Managing Director & Joint Managing Director & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
17-12-2019 Chandigarh Housing Board Versus M/s. Parasvanath Developers Pvt. Ltd. & Another Supreme Court of India
13-12-2019 Sarada Kasivajjula & Others V/S M/s. Aliens Developers (P) Ltd., Telangana State Rep. by its Associate Vice President Alaparthi Appa Rao & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
12-12-2019 Dimples Infra & Another Versus Heer Mehta Landmark Developers Pvt. Ltd. High Court of Judicature at Bombay
11-12-2019 Bay Home Properties Developers Pvt. Ltd. & Others Versus M/s. National Properties Builders & Developers High Court of Judicature at Bombay
26-11-2019 Rajnish Bhardwaj & Others Versus M/s. CHD Developers Ltd., New Delhi National Consumer Disputes Redressal Commission NCDRC
25-11-2019 Neha Ahluwalia Versus Omaxe Chandigarh Extension Developers Private Limited Union Territory Consumer Disputes Redressal Commission UT Chandigarh
25-11-2019 Kanwal Jeet Saini & Others Versus Omaxe Chandigarh Extension Developers Private Limited Union Territory Consumer Disputes Redressal Commission UT Chandigarh
20-11-2019 M/s. Somnath Developers & Another Versus Gujarat State Civil Supplies Corporation Ltd. & Others High Court of Gujarat At Ahmedabad
14-11-2019 Colonizers & Developers Pvt. Ltd. Versus Felicia Realcon India Pvt. Ltd. High Court of Delhi
14-11-2019 Lilavati Kirtilal Mehta Medical Trust Versus M/s. Unique Shanti Developers & Others Supreme Court of India
01-11-2019 Amit Nag & Others Versus M/s. Ramprastha Promoters And Developers Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
01-11-2019 Mehra Cosmetics Versus Ram Kumar Gulati & Others High Court of Delhi
01-11-2019 Bivash Banerjee & Others Versus Ramprastha Promoters & Developers Pvt. Ltd. & Others National Consumer Disputes Redressal Commission NCDRC
30-10-2019 H.K. Nandwani & Others Versus Parsvnath Developers Limited National Consumer Disputes Redressal Commission NCDRC
24-10-2019 Sant Sagar Builders & Developers Pvt. Ltd. & Others Versus Sagar Heights Co-Operative Housing Society Ltd. National Consumer Disputes Redressal Commission NCDRC
24-10-2019 Municipal Corporation of Greater Mumbai & Others Versus M/s. Sunbeam High Tech Developers Private Ltd. Supreme Court of India
17-10-2019 Subhankar Bhattacharjee Versus M/s. Progressive Developers, Rep. by its Partners & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-10-2019 Less Than Equals Three Services Pvt. Ltd. & Another Versus Paras Mehra & Others High Court of Delhi
04-10-2019 M/s. VGN Developers P Ltd., Represented by its Managing Director, D. Pratish, Chennai & Another Versus The Deputy Director, Directorate of Enforcement, (The Prevention of Money Laundering Act, 2002), Chennai High Court of Judicature at Madras
03-10-2019 Skyline Builders & Developers (India) Private Limited Versus Kottayam Municipality High Court of Kerala
01-10-2019 Nirman Raltors & Developers Ltd. & Others Versus Amrutlal Premji Patel & Another High Court of Judicature at Bombay
26-09-2019 Bindiya Sahi & Another Versus Managing Director/Whole Time Director/Executive Director, Raheja Developers Limited & Another National Consumer Disputes Redressal Commission NCDRC
18-09-2019 Satyanarayan Rajaram Chinta & Others Versus Marvel Realtors & Developers Ltd. & Others High Court of Judicature at Bombay
17-09-2019 Samruddhi Developers Versus Kiran Vasant Verekar & Others High Court of Judicature at Bombay
13-09-2019 M/S. K.G. Developers Pvt. Ltd. Versus Dr. Monojit Kulabhi & Others National Consumer Disputes Redressal Commission NCDRC
12-09-2019 Kamal Mitra Versus M/s. K.G. Developers Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
21-08-2019 Union of India & Others Versus T.R. Mehra Supreme Court of India
21-08-2019 Amit Ahuja Versus Shubh Realty, Builder And Developers & Others Maharashtra State Consumer Disputes Redressal Commission Mumbai
20-08-2019 Arvinder Sethi Versus Parsvnath Developers Limited Delhi State Consumer Disputes Redressal Commission New Delhi
16-08-2019 Ravinder Chopra Versus Taneja Developers & Infrastructure Ltd. & Others National Consumer Disputes Redressal Commission NCDRC