Commission tells builder to refund booking amount

Chandigarh, September 22

Holding guilty for deficiency of service, the District Consumer Disputes Redressal Commission here has directed M/s Bajwa Developers Limited, Mohali, to refund Rs.5,81,250 along with interest at the rate of 9% per annum to a city resident

Rohit Khanna, a resident of Sector 41-B, Chandigarh, in her complaint had stated that he booked a plot measuring 150 sq yd situated in New Friends Enclave, Sector 124, SAS Nagar, for a total sale price of Rs.23.25 lakh in 2012.

He paid the booking amount of Rs 50,000 and Rs 5,31,250 through cheque dated April 19, 2012, as earnest money at the time of execution of the agreement to sell.

The possession was agreed to be delivered within one year from the execution of the date of agreement to sell.

He said after a period of two and a half years, the draw of lots was held in November 2014 and the plot No.175 was allotted in T-Block, Sunny Enclave, Sector 123, Kharar tehsil, Mohali, in undeveloped area which was about 2 km from the agreed site.

He raised the objection. After the rejection by the opposite party (builder) to allot the plot at the agreed site, he requested the party either to allot the plot at the agreed site or refund the deposited amount. He said without his consent and knowledge, the opposite party changed the allotment of the plot.

He alleged that the opposite party had not obtained the approval for CLU and necessary permissions/approvals from the competent authorities in respect of the land.

On the other hand, the builder denied all charges. The builder claimed that it had obtained all requisite permissions/licences whatsoever required to perform its part of agreement and delay any has been solely due to administrative exigencies. Pleading that there is no deficiency in service on its part, the opposite party prayed for dismissal of the complaint.

After hearing the arguments, the commission held the builder guilty of deficiency in service and its indulgence in unfair trade practices, and directed it to refund the deposited amount of Rs 5,81,250 along with interest at the rate of 9% per annum from the dates of respective deposits till the date of its actual payment to the complainant.

The commission said the act of the opposite party to collect the money before getting all necessary approvals for the project and not handling over possession of the agreed plot within the promised period certainly proves deficiency in service and its indulgence in unfair trade practice.