Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) – Housing – Delay in delivery of possession – Refund – Agreement stipulated the date of delivery of possession of the apartment for fit outs with a grace period of one year – In terms thereof, the date for delivery of possession of the apartment for fit outs, with the grace period, was 30.06.2017 – Admittedly, the respondent-company did not offer delivery of possession of the apartment for fit outs by that date – The ‘date of offer of possession’, under Clause 1.14, linked with issuance of the ‘Occupation Certificate’ was distinct and separate from the ‘date of delivery of possession for fit outs’ and Clause 11.3 unequivocally provided the consequences in the event of delay in that regard – Held that the right of election given there under to the appellants to either continue or to terminate the Agreement within ninety days from the expiry of the grace period was absolute and it was not open to the NCDRC to apply its own standards and conclude that, though there was delay in handing over possession of the apartment, such delay was not unreasonable enough to warrant cancellation of the Agreement – It was not for the NCDRC to rewrite the terms and conditions of the contract between the parties and apply its own subjective criteria to determine the course of action to be adopted by either of them – NCDRC overstepped its power and jurisdiction in ignoring the binding covenants in the Agreement and in introducing its own logic and rationale to decide as to what the future course of action of the parties and more particularly, the appellants, should be – As the appellants did not choose to act upon the belated offer of the respondent-company, in its letter dated 29.11.2017, and are still intent on terminating the Agreement as per Clause 11.3 of the Agreement, the order dated 09.11.2022 passed by the NCDRC liable to be set aside and Consumer Complaint No. 35 of 2018 allowed, directing the respondent-company to refund the deposited amount of Rs. 2,25,31,148/- in twelve equal monthly instalments, through post-dated cheques, with simple interest thereon@ 12% p.a., from the date of receipt of the said amount or parts thereof till actual repayment. (Para 15 and 22)
SUPREME COURT OF INDIA
2024 STPL(Web) 125 SC
[2024 INSC 132]
Venkataraman Krishnamurthy And Another Vs. Lodha Crown Buildmart Pvt. Ltd.
Civil Appeal No. 971 of 2023-Decided on 22-2-2024
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