In a significant legal dispute over possession, the Appellants have faced delays in obtaining possession of a flat from the Respondent-Developer despite making 90% of the payment. The Commission partially allowed the complaint, directing the Respondent to issue a fresh statement of account and hand over possession without delay. The Appellants are required to deposit the remaining amount within a specified timeframe. This case underscores the importance of timely delivery in real estate transactions and the rights of buyers to seek redressal in such matters.
Facts
- The complaint was partly allowed by the Commission.
- Opposite parties directed to issue a fresh statement of account with delayed compensation of Rs. 2433120/- within one month of the judgment.
- Interest to be charged at 9% per annum on the balance amount from 14.11.2017 till the date of payment.
- Complainants given one month to deposit amount to settle account
- Opposite parties to execute conveyance deed and handover possession without delay
- Appellants aggrieved by direction to pay interest on balance amount
- Appellants made 90% payment for flat but possession not handed over as scheduled
- Total consideration amount paid by appellants nearly Rs.2,21,56,942.42/-
Also Read: Challenging Conviction Based on Circumstantial Evidence
Decision
- Pending application, if any, stands disposed of.
- Respondents directed to convey outstanding amount to appellants within two months.
- Possession of the flat to be handed over to the appellants within 30 days of final payment.
- Decision made that respondent-developer cannot charge interest at 9% per annum on the balance amount.
- Appeal is disposed of based on the above terms.
Also Read: Case of Ms. D: Juvenile Justice Act Violation
Case Title: SANJAY CHAUDHARY Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD. (2024 INSC 300)
Case Number: C.A. No.-001454 / 2023