Delay in giving possession of flat – Delay in filing appeal before NCDRC

The petitioners are builders and developers of the projects in Nashik.   The respondent had invested in the project of multi storeyed building in 2010. Pursuant to the agreement of sale dated 23.7.2010, the period of 24 months was given to complete the project.   However, there was delay.  The respondent filed consumer complaint in 2016.

The State Commission granted refund of Rs.11 lakhs to the complainant with interest vide order dated 27.7.2018.

However, the petitioners filed appeal after 1132 days.  NCDRC dismissed the same vide order dated 19.8.2024.

HELD that one needs to be mindful of the object behind the legislation that an untrained, unwary consumer because of unequal bargaining power ought not to be deprived of his legal rights.   What is relevant to the facts of this case was that the National Commission was circumspect when dealing with the parties like the petitioner who was in a dominating position being developers / builders vis-à-vis the respondent who is a individual home buyer to ensure that the latter in the quest for the shelter over his head was not driven into unwarranted limitation, much less prolonged litigation at the behest of the developer.

Judgment dated 4.4.2025 of the Division Bench of the High Court of Bombay in Writ Petition No.18556 of 2024 (AS) of Samarth Constructions and another   Vs.   Pushpa Chandrakant Mate and others