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Supreme Court accepts a petition by the residents of DLF ,Westend Heights
Residents of Westend Heights at Newtown DLF file a Civil appeal against the developer of their homes
The national consumer dispute redressal Commission dismissed a consumer complaint by 339 flat buyers accepting the difference of DLF and home Private Limited and Annabel Builders and Developers Private Limited that there was no deficiency of service on their part in complying with the contractual obligation and the purchases are not entitled to the compensation in excess of what there are separated in the apartment buyers agreement
NCDRC held at the agreement provided compensation at the rate of 5 rupees per square foot of the super area for every month delayed
It also held that the flat purchases who agreed to this stipulation in the agreement (ABA) was not entitled to seek any amount more than that of which the purchaser were agreed to
It observe that the developer had while computing the final demand made an adjustment on account of delayed compensation stipulated in the chaser have been provided credit at the rate agreed by the developer it held that there is no further entitlement existed under the law
The main issues of the tenants were submitted by the senior counsel appearing on behalf of applicants Mr. Prashant Bhushan,
1) There is a gross delay ranging between two and four years in handing over possession and the flat buyers ought not to be constrained by the terms of the agreement which are one-sided and unreasonable
2) The execution of conveyances or settlement deeds would not operate to preclude the flat buyers from claiming compensation. The emails of the developer clearly indicate that the flat buyers were not permitted to execute conveyances or to receive possession under protest
3 )The amenities which have been contracted for have not been provided by the developers
4) The flat buyers are not liable to indemnify the developer for the demand of interest and penalty raised by the tax authorities as a result of the failure to deposit the tax on time. During the oral arguments, it was clarified that only interest has been recovered from the flat buyers.
The conclusions and dismissed by NCDRC was wrong as stated by the Supreme Court of India
And the bench consisting of justice Dr. Dhananjaya Y Chandrachud and justice K M Joseph give direction as follows
(i)Save and except for eleven appellants who entered into specific settlements with the developer and three appellants who have sold their right, title and interest under the ABA, the first and second respondents shall, as a measure of compensation, pay an amount calculated at the rate of 6 per cent simple interest per annum to each of the appellants.
(ii)The amount shall be computed on the total amounts paid towards the purchase of the respective flats with effect from the date of expiry of thirty-six months from the execution of the respective ABAs until the date of the offer of possession after the receipt of the occupationcertificate.
(iii)The above amount shall be in addition to the amounts which have been paid over or credited by the developer at the rate of Rs 5 per square foot per month at the time of the drawing of final accounts. The amounts due and payable in terms of directions (i) and (ii) above shall be paid over within a period of one month from the date of this judgment failing which they shall carry interest at the rate of 9 per centper annum until payment.
And the Matter was accordingly dismissed
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