M/S IREO PRIVATE LIMITED versus ALOKE ANAND AND OTHERS

M/S IREO PRIVATE LIMITED versus ALOKE ANAND AND OTHERS

The appeals are dismissed and the NCDRC judgments are affirmed: where the developer was unable to hand over possession despite an interim order and had not provided amenities promised in the Apartment Buyers Agreement, the appropriate remedy is refund of amounts paid with interest (as fixed by the NCDRC, applying the relevant RERA rate for Haryana); the facts distinguish the present cases from IREO Grace Realtech v. Abhishek Khanna such that the NCDRC orders cannot be faulted.

Parties
Appellant: M/S IREO PRIVATE LIMITED; Respondents: ALOKE ANAND AND OTHERS
Jurisdiction
India
Judgment Date
21 January 2022
Procedural Posture
Civil Appeal Under Section 23 of the Consumer Protection Act, 1986 / Final Judgment Disposing of Appeals (appeals Dismissed) Dated 21 January 2022
Outcome
Appeals dismissed
Legal Topics
Delay in Possession of Apartments, Refund With Interest, Apartment Buyers Agreement (aba) Interpretation, Effect of Fire NOC on Possession Period, Interim Order for Possession, Breach of Promised Amenities
Consumer Protection Real Estate Law Contract Law Regulatory Compliance Delay in Possession of Apartments Refund With Interest Apartment Buyers Agreement (aba) Interpretation Effect of Fire NOC on Possession Period +2 more

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Parties

M/S IREO PRIVATE LIMITED

Appellant

ALOKE ANAND AND OTHERS

Respondents

Procedural Posture

Civil Appeal Under Section 23 of the Consumer Protection Act, 1986 / Final Judgment Disposing of Appeals (appeals Dismissed) Dated 21 January 2022

Legal Issues

  1. 1 Whether the period for delivery of possession under the ABA commences from sanction of building plans or from the date of Fire NOC
  2. 2 Whether the allottee is a 'consumer' within Section 2(1)(d) of the Consumer Protection Act, 1986
  3. 3 Whether refund of amounts paid with interest is warranted where developer fails to hand over possession despite interim NCDRC order

Ratio Decidendi

The appeals are dismissed and the NCDRC judgments are affirmed: where the developer was unable to hand over possession despite an interim order and had not provided amenities promised in the Apartment Buyers Agreement, the appropriate remedy is refund of amounts paid with interest (as fixed by the NCDRC, applying the relevant RERA rate for Haryana); the facts distinguish the present cases from IREO Grace Realtech v. Abhishek Khanna such that the NCDRC orders cannot be faulted.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed.
  • Judgments of the National Consumer Disputes Redressal Commission dated 1 November 2021 and 22 November 2021 affirmed.