A bench of Justices Dinesh Maheshwari and Aniruddha Bose shared that the entity to whom such charge is due has not raised any claim.
NEW DELHI: The SC has set aside an order of the National Consumer Disputes Redressal Commission directing an allottee to pay maintenance charges to DLF Home Developers Ltd for the flat of which he is yet to get possession.
The bench informed “We, accordingly, hold the finding of the National Commission as also the State Commission that the allottee would be required to pay maintenance charges as erroneous and that part of the findings of the two Commissions are set aside.
“The entity to whom such charge is due has not raised any claim. In such circumstances, direction to the allottee to pay maintenance charges was not warranted as the entity entitled to receive such charges is not a party to these proceedings,” he added
The court informed that such directions show the character of declaration of liability or obligation of the allottee in absence of the admitted claimant, who had not brought any action or staked their claim in any other manner through these proceedings.
The bench also said “We extend the time for issuing such an offer of possession by a period of eight weeks from this date. Execution of Deed shall be effected within the aforesaid period.”
“We modify the direction of the National Commission relating to the payment of delayed compensation and while restoring the directions of the State Commission, we direct that delayed compensation be paid at the rate of Rs.10 per square foot per month for the entire period from March 2011 till the date on which the fresh offer of possession is issued,” it added.
“The delayed possession compensation shall be paid to the allottee after adjusting the delayed compensation already paid. The early payment rebate of Rs.95,136/- shall also be adjusted, as has been directed by the National Commission. The said sum was mentioned in the statement of account dated June 10, 2013,” it further added.
The Apex Court was hearing a plea filed by Utpal Trehan, a Journalist on the issue of the quantum of compensation that he would be entitled to receive because of the delay in delivery of possession of a flat as also his obligation to pay maintenance.
The specific disputes giving rise to these appeals related to an Apartment Buyers’ Agreement, executed on December 3, 2008, between Trehan and DLF Home Developers Limited for the purchase of a flat, within a complex named New Town Heights in Gurugram Sector- 91.