Consumer Protection
Apartment Buyer’s Agreement—Delay in delivery of possession—Directions issued by the NCDRC holding that delay was not unreasonable enough to warrant cancellation of agreement—Appeal—Once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them—It was not for the NCDRC to rewrite the terms and conditions of contract between the parties and apply its own subjective criteria to determine the course of action to be adopted by either of them—NCDRC overstepped its power and jurisdiction in ignoring the binding covenants in the agreement and in introducing its own logic and rationale to decide as to what the future course of action of the parties and more particularly, the appellants, should be—Impugned order passed by the NCDRC is set aside and company directed to refund that deposit with interest—Appeal allowed.
[Paras 15 to 22]