Builder/developer, entered into registered agreement with
the complainant on 13-9-2012 for sale of flat of the project developed by him.
No date of possession was mentioned in clause 50 of the said registered
agreement. Complainant has paid the entire consideration except the amount
required to be paid at the time of handing over possession. The opponent failed
to deliver peaceful and vacant possession of the subject flat even though
opponent were in position to obtain occupation certificate from competent
authorities on 12-8-2013. Consumer complaint has been filed praying for handing
over possession of the subject flat and claiming monetary relief of Rs.
30,90,817/- for the deficiency of service on the part of the opponent.
The Hon’ble State Consumers Disputes Redressal Commission observed and held
that failure on the part of opponent resulted into consumer dispute and the
complainant was unnecessarily dragged to knock the doors of the State
Commission subjecting to mental agony for his no fault. Therefore, suitable
compensation on account of the avoidable delay to hand over the possession
would meet the ends of justice.
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