Developer launched project but not delivering project on time
16-Aug-2023 (In Consumer Court Law)
I bought into a newly launched apartment project in Gurgaon in 2012 and paid 20% of the sales price. The developer didnt have adequate permissions and the project never took off. In late 2015, he just returned the 20% without any interest payment. Shouldnt i be eligible to recover interest from him and claim damages?
You have not stated the complete facts in your query. As far as I can guess, there might have been an application form containing terms and conditions. Those term and conditions, if found fair, will form a binding contract between the builder and you. In case those terms and conditions are fair and have an exit close, means how the parties will deal in case the project is not viable or is not likely to take place or completed. In such an event if those terms might have provisions of compensation, interest and/or damages will prevail or otherwise in the absence of such provisions will lead into those terms and conditions as unfair and not binding on you.
The builder had agreed into a contract with you and by not providing/delivering you the finished apartment, the builder had committed serious breach of contract, indulged into restrictive trade practice and deficient in providing services to you and deprived you from owning a shelter for yourself and your family as well as disturbed your mental peace, for which the builder is liable in the eye of law and therefore, you are entitled to claim and avail the interest, damages as well as litigation expenses.
You can file an application before the Permanent Lok Adalat or a consumer complaint before the Consumer Court, depending upon the sum of the total price agreed for the apartment, interest and damages thereon. The proceedings before the Permanent Lok Adalat are comparatively quick than any other litigation. The Consumer Courts and Permanent Lok Adalats are to protect the rights of the consumers, hence there is every chance that you will get the relief.
For further inquiries, doubts and clear opinion you can contact me.
The builder had agreed into a contract with you and by not providing/delivering you the finished apartment, the builder had committed serious breach of contract, indulged into restrictive trade practice and deficient in providing services to you and deprived you from owning a shelter for yourself and your family as well as disturbed your mental peace, for which the builder is liable in the eye of law and therefore, you are entitled to claim and avail the interest, damages as well as litigation expenses.
You can file an application before the Permanent Lok Adalat or a consumer complaint before the Consumer Court, depending upon the sum of the total price agreed for the apartment, interest and damages thereon. The proceedings before the Permanent Lok Adalat are comparatively quick than any other litigation. The Consumer Courts and Permanent Lok Adalats are to protect the rights of the consumers, hence there is every chance that you will get the relief.
For further inquiries, doubts and clear opinion you can contact me.
Hello .. yes you are entitled to get interest and compensation if limitation act doesn't apply..limitation barred apply for two years asper Section 24A of the Consumer Protection Act.1986 the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen..though court can permit it admissible if sufficient cause is shown for not filing within the stipulated period time...Thank you.
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