in the face of some developers is not in accordance with the provisions of the contract, not submitted on time also fierce intellect phenomenon, many consumers have encountered. Alas, the developers of the damned! Unfortunately, consumers who encounter this problem do not have the timely use of legal weapons to defend their rights.
Chen, LV Moumou purchase shops, developers submitted late. Because of the penalty, the court, the court of final judgment to the actual property cards for developers to assume the date of expiry certificate of liquidated damages, can not only make up for the loss of property buyers, but also can urge developers rush. Kunming intermediate people’s Court on the 26 day of the sale of commercial housing contract dispute.
2009, Chen, Lu Moumou and Kunming Plateau Pearl Real Estate Development Co., Ltd. signed a contract, agreed Kunming Plateau Pearl Real Estate Development Co. Ltd. will Plateau Pearl International Hardware Electrical mall shops sold to Chen, Lu Moumou the development, delivery time for 2010 May within the shops. Other means for the Kunming Plateau Pearl Real Estate Development Co., Ltd. in the local newspaper notice to inform the way. At the same time, the contract also agreed that in the actual delivery of shops within six months of Kunming Plateau Pearl Real Estate Development Co., Ltd. on behalf of Chen, Lu Moumou for all housing.
however, in December 23, 2010, the construction of the Kunming Plateau Pearl Real Estate Development Company Limited housing before the completion and acceptance of filing, submitted and published notice in the local media, the owners notice before December 31, 2010 for real procedures. Chen, Lu Moumou in December 8, 2011 received the room. After the trial, the project for the airport clearance limit high time delay, and the rate of green planning permission does not meet the requirements, not all of the housing.
then, Chen, Lu Moumou in Kunming Plateau Pearl Real Estate Development Company Limited to default on the court, asking them to pay the overdue submitted and overdue accreditation liquidated damages.
Kunming city Guandu District People’s court after a trial, that Kunming Plateau Pearl Real Estate Development Co., the existence of the late launch of the behavior, so the decision of the late payment default by the tenant but now do not have the certificate of registration of property rights, so the master Zhang Chen, Lu Moumou overdue accreditation liquidated damages shall not be supported. After the sentencing, both parties appealed.
Kunming City Intermediate People’s court after the hearing that Chen, LV Moumou claims overdue liquidated damages has exceeded the statute of limitations, it does not support.
Kunming developers are not on time in accordance with the provisions of the contract, the law gives consumers protection. In real life, the vast number of consumers in their own legitimate rights and interests are violated, we have to learn to take up legal weapons to defend their legitimate rights and interests.