Summary
The builders’ unequivocal settlement commitment to pay the housing society Rs.25 lakh was enforced, despite objections based on the form of the consumer claims and absence of a cross-appeal. Additional compensation, daily delay payments and costs were removed because loss was not established and disputed alterations impeded the occupancy certificate. Both sides were directed to complete their respective requirements, followed by certification and conveyance.
Issues
- Whether the builders’ admitted settlement supported payment despite objections to the consumer reliefs.
- Whether additional compensation and daily delay payments were justified while compliance disputes remained unresolved.
Held
- The belated pecuniary-jurisdiction objection was unavailable after a merits decision where it had not been specifically raised at the earliest opportunity. (¶ 7)
- The complaint and its restriction to Rs.25 lakh had to be read with the settlement meetings. The builders’ clear agreement to pay that sum justified enforcement, notwithstanding the society’s failure separately to challenge part of the State Commission’s order. (¶ 8–10)
- No material established the loss or basis for Rs.3 lakh compensation. Disputed owner alterations and municipal proceedings also made the Rs.1,000 daily payment unwarranted at present; the builders’ conveyance obligation nevertheless remained. (¶ 11–12)
- Each side had three months to complete its own requirements. Within two months of completion of all requirements, the builders were to obtain the necessary occupancy certificate and execute the conveyance, with future lawful remedies preserved. (¶ 14(iv))
Result
Appeal partly allowed. Rs.25 lakh payable within 45 days, failing which 8% annual interest runs from this judgment. Rs.3 lakh compensation, Rs.1,000 daily payment and Rs.50,000 costs removed. Reciprocal three-month compliance and subsequent two-month certification/conveyance directions issued; parties bear own costs.