Post covers Consumer Case VS GILLCO DEVELOPERS PVT LTD Judgment whereon the possession was offered after delay. Hence interest.
SHYAM LAL DOGRA VS GILLCO DEVELOPERS PVT. LTD.
FACTS OF THE CASE:
In the complaint it has been alleged that the agreement for sale of the apartment No.744 in the project of “Gillo Palms”, sector 115, Mohali was executed on 29.06.2016. As per this agreement possession was to be handed over within 12 months that is by 28.06.2017. However, the actual possession was delivered only on 06.04.2018. and hence the complaint was launched entitles to the payment of interest at the rate prescribed for the period of delay.
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OBJECTION BY THE RESPONDENTS:
The respondents have denied the allegations and contended that the date for completion of project was 31.08.2021. and hence the filing of this complaint at this stage was pre-mature. It has further been pointed out that as per the agreement dated 29.06.2016. the complainant was entitled only to the payment of interest at the rate of Rs. 5/- per month per sq.ft. for the delay in delivery of possession of the apartment.
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CASE REFRENCE:
A rejoinder has been filed on behalf of the complainant. Apart from various orders of this authority and the real estate appellate tribunal, Punjab upheld the claim for payment of interest, the judgement of Supreme Court in Civil Appeal No.12238 of 2018 ‘Pioneer Urban land and Infrastructure Ltd. Vs. Govindan Raghavan’ has also been cited to contend that any argument whose terms are Prima Facie one sided, unfair, and unreasonable cannot be given effect to.
Also Read- Consumer Complaint Gillco Developers & Builders Pvt Ltd
ORDER OF THE COURT:
The learned counsel has accepted the complaint and that the respondent is directed to pay interest at the rate of 9.30% per annum with effect from 28.06.2017. to 06.04.2018. within a period of 2 months from the date of issue of this order.
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CASE SUMMARY:
This is a complaint under section 31 of the Real Estate (Regulation and Development) Act, 2016 in which the complainant is seeking for the payment of interest for the period of delay in handling over an apartment in the project of “Gillo Palms”, sector 115, Mohali which was executed on 29.06.2016.
Also Read- Consumer RERA Case Gillco Developers and Builders Pvt Ltd
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