Last Updated on July 23, 2021 by Satish Mishra
The post talks about Primary Estates & Developers Pvt Ltd wherein builder failed to oblige mandate of Section 18 of RERA. Thus held liable to pay interest compensation for contravention.
RELIEF CLAIMED U/S18 RERA, 2016
Also Read- CONSUMER COMPLAINT AGAINST PRIMARY ESTATES AND DEVELOPERS
Judgement Digest: Sat Prakash Chauhan vs. M/s Primary Estates & Developers Pvt. Ltd.
Case Briefing:
Present complaint filed by complainant on 31.08.2018 against respondent and alleged that despite 100% advance payment in 2014 by complainant, the respondent failed to deliver the flat within stipulated period and delayed it by more than one and a half year i.e., till July 2016.
In July, complainant filed a written request for cancellation of booking of flat and for refund of the amount along with interest. All the original documents were duly handed over to the respondent to enable him to resell the flat to some other buyer to facilitate faster refund.
Also Read- Primary Estates & Developers Consumer RERA Complaint
The respondent promised to pay the whole amount with interest i.e., Rs. 27,00,000/- against initial deposit of Rs. 26,15,799/- in installments till 2018 and paid 1 lakh initially.
In the meantime, the respondent sold the flat to another buyer and against the balance amount of Rs. 26,00,000/-, respondent only paid Rs. 5,00,000/- but failed to pay the rest amount. The respondent filed an affidavit with detailed plan for payment to pay balance amount and interest but neither paid it nor appeared before this bench notwithstanding several extensions to make payments.
Also Read- State Consumer Disputes Redressal Commission
Gurmeet Singh Jogar vs Primary Estates & Developers … on 23 July, 2020
Judgement of the case:
The act of respondent is in contravention of Section 18 of the Real Estate Regulation & Development Act, 2016 with dishonest intention. Since the compromise deed is no more valid, decree is based on merits of the case as per provisions of the Act & Rules. Respondent shall pay the balance amount with 2% interest calculated on principal amount and interest has been calculated till 31.05.2019.
Also Read- Real Estate Regulatory Authority – RERA Punjab Judgments
For case specific advice please contact RERA Expert Lawyers of RERA Punjab Authority in Chandigarh Mohali Panchkula Derabassi
More on 99888-17966.
