A recent landmark judgement from NCDRC against Parsvnath Developers

[webmaster]

Contributed by a member: In a recent case dated 29/1/2015, the NCDRC has given a very important order

The main issue in the case was

1.There was a delay in the completion of the project beyond 5 (five )years.
2.The consumer wanted to take the money back because of this delay along with interest @ 24%
3.The builder wanted to give the money back along with the penalty of Rs 5/sq ft per month of delay as per the agreement

The commission however noted

1. The penalty cause is applicable only when the the consumer agree to take the possession of the flat with delayed penalty clause.In this case the consumer is not willing to take the flat because of the delay.As such the provision of agreement is not applicable.

2. The commission also noted that the penalty clause does not qualify the time of delay(the delay of a few months can not be compared with the delay of more than 5 years.)

3. And accordingly the commission ordered the builder to pay all amount deposited by the consumer with the builder along with a interest of 18%.

The order of the NCDRC is attached.

http://164.100.72.12/ncdrcrep/judgement ... 932014.htm

[s1joshi]

Very important justice and ray of light for suffering home buyers..

[naveenarichwal]

Builder Buyer Agreement is Not the Final Word: NCDRC

http://www.ndtv.com/video/player/the-pr ... drc/359253

Video

[webmaster]

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