Deepanshu Garg vs. Janta Land Promoters Pvt. Ltd.
A complaint against Janta Land Promoters Pvt. Ltd. (JLPL) was made to the Punjab RERA at Chandigarh for delay of possession. JLPL had an agreement with the complainants and that contract was breached by JLPL but they still refused to admit to the mistake. JLPL’s counsel raised various arguments stating why they should not be liable to pay.
The complaints were from Pune, Maharashtra, namely Deepanshu Garg and his wife Gayatri Ghanekar, and this may have been a factor as to the delay of possession but the reason will most likely not be admitted by the builders.
Also Read- Delay Compensation In RERA.
There certainly was a deficiency in services and the facts from the Punjab RERA are stated hereafter:
- An allotment letter was issued by JLPL (the respondents) to the complainants dated 05 April 2014 promising delivery of possession within 30 months from the date of allotment letter.
- The complainants opted for Construction Linked Payment Plan, the total price of the apartment was Rs. 96,38,400/- plus applicable service tax and other charges (specifically state in the judgment order attached below).
- Complainants alleged that all the payments were paid timely; as required by the builders.
- The possession was to be on 4 October 2016 or earlier but was not made till the date of the filing of this 2019 case (3 years and 19 days later).
- The complainants have taken out a loan from the bank and that loan’s interest is still accumulating; compensation demanded by complainants plus 50k litigation costs.
- The respondents could not satisfactorily state the reason for delay of possessions.
- Respondents have argued that the complainants are stuck under the Terms and Conditions of the Builders and have to comply without contention: specifically; force majeure events have right to extend possession dates. In case of delay over 30 months, they only liable to pay Rs. 10 per sq. ft. of the super area of the apartment.
- The respondents also argued rigorously that the RERA act does not apply to the builders since the RERA act will not affect any builder retrospectively.
- In a similar case, the Supreme Court held that the Consumer Protection Act of 1986 voids contracts where Builders force consumers to sign one-sided clauses in contracts that favour the builder. The complainants were freed from terms and conditions of the illicit contract.
- Since the builders have not completed their project before the commencement of the RERA Act, the builders fall under the RERA Act.
- In this Matter, section 18 of the RERA Act was applied; the RBI interest rate + 2% marginal cost, payable within 60 days.
- The complainants will pay the balance along with applicable taxes before possession of the flat.
Also Read- REALTY COMPLAINTS ONLY TO RERA
This case was settled with full intention of restoring the faith of the consumer in the purpose the RERA Act; that builders have rights but not to rip off the consumers that drive the economy.
But in case they do, you can contact TOP/BEST/EXPERT consumer RERA Punjab Lawyer Advocate in Chandigarh, Panchkula, Mohali (Punjab Haryana) for the consumer matter.
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