On the question whether a builder after agreeing to deliver
possession within a stipulated time, raise a contention that as the price of a
flat or property has gone up, it should not be directed to pay any compensation
for delay in delivering possession of the property, the National Consumer
Disputes Redressal Commission (NCDRC) has held that such a contention of any builder
is unjustified and unreason- able, because after sale of the property all the
benefi ts accrue to the purchaser and not to the vendor. In any case, if such
contention is accepted it would earn crores of rupees to the developers or the delay
in delivery of possession of the flat or property for months together on onepretext or the other.
In the instant case the complainant Kunj Behari Mehta had
approached NCDRC on May, 2000 with a prayer that the opposite party Ansal
Properties and Industries Ltd., be directed to delivery possession of his apartment
and also to pay interest 24 per cent per annum on Rs.26,26,790/- i.e., the
amount deposited by him with the builder with effect from October 10, 1998 Contd.
from p.14 purchase these flats and occupy them immediately. In other words,
there is a good market for low cost ready to occupy flats with good infrastructure.
Still the date of delivery of possession or refund the
amount deposited with 24 per cent interest.
42 months i.e., October 1997, subject to force majeure
circum- stances and on receipt of all payments punctually. As some extra construction
was made, the complainant was required to pay a higher basic sale price.
The NCDRC had directed the builder to deliver possession in December,
2007 and consequently, possession of the apartment was delivered on December
20, 2007 i.e., 10 years after agreed date.
Developers have therefore to develop the properties keeping
in mind these factors before they undertake any project for this segment of
people. This particular class in the city is so high that any The builder
questioned the logic of claiming interest on the amount deposited since the
value of the said flat had increased due to the increase in the price of theproperty. However, the CDRC rejected this contention stating "If the price
on an immovable property increases, it cannot be said that the parties are not
required to abide by their contractual obligations. In any case, it is the luckof the complainant that the price of the property has increased and it cannotbe said that it is for the benefit of the vendor.
The builder/vendor of the property cannot claim advantage onaccount of increase in price after sale. The NCDRC awarded compensation for
unjustifiably not delivering possession of the flat as per the agreement in
October 1998 till December, 2008 and directed the builder to pay 12 per cent interest
per annul from 1st November, 1998 till December 2008 on the amount deposited by
the purchaser project with reasonable price would attract market which is
otherwise is dull since a readily available flat is what a middle class
customer looks for and if gets one he feels that his dream is fulfilled.
Peacefully nestled amongst not one but two beautiful lakes and
surrounded by an evergreen valley, Shriram "Chirping Woods" is set
around 16.5 acres of natural lush surroundings and amazingly not far
away the city. Where every home is exclusively designed with extra wide
balconies and extraordinarily large windows to let nature freely into
your homes. It's a place where you and your family can rediscover your
relationship with friendly and feathered neighbors. And get re -
introduced to nature, every day of your lives.
Luxury Villaments nestled in an evergreen valley
surrounded by ever-blue lakes and ever-chirping neighbours. A serene
neighbourhood that's surprisingly, a mere 2 kms from Wipro Sarjapur and a
hoot away from your lifestyle in the city. It's a lifestyle designed to
re-introduce you to nature.
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