The National Consumer Disputes Redressal Commission (NCDRC) in New Delhi has dismissed the appeal (execution) filed by Parsvnath Developers Limited and its chairman Pradeep Kumar Jain against a complaint filed by Vinod Kumar Bansal. The appeal was dismissed as withdrawn by the appellants on May 8, 2023, with no option to file it again on the same issues before the commission.
Background of the Complaint
Vinod Kumar Bansal, a resident of Delhi, filed a complaint against Parsvnath Developers Limited and Pradeep Kumar Jain, chairman of the company, at the State Consumer Disputes Redressal Commission in Delhi (State Commission) in 2020. The complaint alleged that the appellants had delayed the delivery of a flat in a project in Ghaziabad, Uttar Pradesh, despite receiving full payment.
The State Commission had ordered Parsvnath Developers Limited and Pradeep Kumar Jain to deliver the possession of the flat to Bansal within 90 days of the order, along with a compensation of Rs. 1 lakh and interest at 10% per annum on the amount paid by Bansal. The appellants were also ordered to pay a penalty of Rs. 5,000 per day for every day of delay in delivering the possession of the flat after the expiry of the 90-day period.
Appeal before the NCDRC
Parsvnath Developers Limited and Pradeep Kumar Jain had filed an appeal (execution) before the NCDRC against the order of the State Commission. However, during the hearing on May 8, 2023, the learned counsel for the appellants informed the commission that the appellants did not wish to pursue the appeal any further and wished to withdraw it unconditionally.
Dismissal of the Appeal
Based on the submissions made by the learned counsel for the appellants, the NCDRC dismissed the appeal (execution) as withdrawn. The commission also specified that the appellants did not have the option to file the appeal again on the same issues before the commission.
Analysis of the Case
The dismissal of the appeal by the NCDRC is a significant setback for Parsvnath Developers Limited and its chairman Pradeep Kumar Jain. The case highlights the importance of timely delivery of possession of flats to consumers by real estate developers.
The delay in the delivery of flats by developers is a common problem faced by consumers in India. The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to address this issue and protect the interests of consumers. RERA mandates that developers register their projects with the state real estate regulatory authority and provide accurate information about the project to the buyers.
The Act also provides for penalties and imprisonment for developers who violate the provisions of the Act. RERA has helped to improve transparency in the real estate sector and provide a level playing field to consumers.
The dismissal of Parsvnath Developers Limited's appeal by the NCDRC is a reminder to real estate developers to comply with the provisions of RERA and deliver possession of flats to consumers within the stipulated time. The case also highlights the importance of the consumer protection laws in India and the role of the judiciary in protecting the interests of consumers.
Note: The information provided in this article about NCDRC and Real Estate Regulatory Authority is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances.
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