News & Media
Builders plea for delay in possession
on-compliance of statutory provisions by builder is no excuse for delay in possession (One cannot take advantage of one’s own wrong)
Non-compliance of statutory provisions by
builder is no excuse for delay in possession
(One cannot take advantage of one’s own wrong)
National commission while dealing with a
case titled Naresh Garg and Sons VS CHD
Developers Ltd. Consumer Case No. 1753 of 2018 Decided on 23 March 2023, Commission rejected the Developers’ contention of
non-compliance of the National Green Tribunal’s guidelines as a reason for the
delay. The bench remarked that the Opposite Party cannot be allowed to
reap benefits of his own wrongdoing of non-compliance and refused to consider
his reason as force majeure.
Arguments extended by Opposite Party:
·
That the complainant
would not fall under the definition of ‘consumer’ as Section 2(1)(d)(i) of the
Consumer Protection Act of 1986.for the reason the property was purchased for
investment and re-sale and falls under Commercial purpose
·
That the Complainant’s
claim is inflated to bring the complaint
within the pecuniary jurisdiction of NCDRC.
·
That the delay was
caused due to a notification by the National Green Tribunal, Delhi resulting
into stopping all construction activities by OP for a few months.
Case Title Naresh Garg and Sons VS CHD Developers Ltd.
CC No. 1753 of 2018, Decided on 23rd March 2023