Case 1

Jan 03 2019

In the present case, The Complainants have stated that they have purchased apartments by executing various registered agreements for Sale, executed and registered in the period ranging from October 2013 to February 2014, pursuant to which the Respondent was supposed to handover possession of the said apartments by December 3l,2016. Further, they stated the Respondent has collected up to 91% of the consideration amount for the said apartments, prior to 2015. The Respondent tried to explain that the construction work of the project could not be completed in the time as stipulated in the agreements for sale because of reasons which were beyond the Respondent’s control and these reasons are covered in the terms and conditions of the said agreements. The arguments made by the advocate for the Respondent and the reasons given by him for the delay in handing over possession of the said apartments, are general in nature. On the basis of the arguments made by the advocate for the Respondent a maximum period of six months’ delay may be allowed to be condoned but certainly a delay of six months is attributable to the Respondent, for which he is liable to pay interest on delay as per Section 18 of the Act. The Respondents are liable to pay interest at the rate of 10% for a period of six months, to the Complainants, on the total consideration amounts paid by the Complainants to the Respondent prior to December 2016, as per the provisions of Section 18 of the said Act.

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