Real estate firm fined for deficiency in service
Told to refund Rs40L, pay litigation expenses to customer
Ramkrishan Upadhyay
Tribune News Service
Chandigarh, November 21
The State Consumer Disputes Redressal Commission, Chandigarh, has directed Emmar MGF, Mohali, to refund Rs40,11,251 to a customer.
Holding the delay in giving the possession of the plot as deficiency in service, the commission also directed the realtor to pay Rs50,000 as litigation expenses to the complainant.
Sanjay Walia, a resident of Delhi, approached the commission after the realtor failed to deliver the possession of the plot in the stipulated period as per the agreement.
Walia said he decided to purchase a unit measuring 300 sq yards in the proposed project named Pinewood Park, Mohali Hills, Sector 108, SAS Nagar, Mohali. The total sale consideration of the plot was fixed at Rs40,28,499. He paid Rs40,11,251 to the realtor, but he did not get the possession of the plot by June 29, 2010 i.e. within a period of three years as envisaged under Clause 8 of the agreement for dearth of development activities at the project site and also necessary approvals from the competent authorities.
Even the main entrance to the project was not accessible in view of a pending litigation before the Civil Court, Kharar, under Sections 29, 33 and 63 of the Indian Forest Act, 1927. He alleged that the opposite party had failed to execute the buyers’ agreement despite repeated requests. Meanwhile, the real estate firm denied all allegations.
After hearing arguments from both parties, the court said deficiency in service as well as unfair trade practice on part of the opposite party was proved as per the records.
In view of the above discussion, the real estate firm has been told to refund Rs40,11,251 to the complainant, along with interest @12 per cent per annum from the respective dates of deposit onwards without deducting any TDS within a period of 30 days from the date of receipt of the certified copy of this order, failing which the amount would carry three per cent penal interest from the date of passing of this order till the realisation.
The firm should also pay Rs50,000 litigation cost to the complainant within a period of 30 days from the date of receipt of a certified copy of this order, failing which the said amount would carry interest @9 per cent per annum from the date of passing of this order till realisation.
