Rajesh Makanwal vs Omaxe Limited on 12 October, 2015
Even the possession of the unit, in question, was to be offered by the Opposite Parties uptill 24.10.2009 and complete possession after obtaining of completion certificate from the competent authority after completion of the development works had never been offered to him and, as such, there is a delay of approximately 5 years and 10 months. The Forum rightly held that the complainant cannot be forced to wait for the delivery of possession for an unlimited period. Even the Opposite Parties kept the hard earned money of the complainant with them and earning interest on the same and when he requested for refund of the amount, they failed to refund the same, which amounted to deficiency in service and indulged into unfair trade practice. So, we are of the considered opinion that the judgment cited by the Counsel for the appellant Subhash Chander Mahajan & Anr. Abhishek Kumar Dwivedi Vs. Parsvnath Developers Ltd. (supra) is fully applicable to the facts of the present case and, as such, the interest, compensation and litigation expenses awarded by the Forum is on the lower side and liable to be enhanced.