City builder penalised for not giving possession of flat on time

Tribune News Service

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Chandigarh, May 7

For failing to give the possession of a flat to a Mohali-based doctor couple, a city-based builder has been penalised by the state consumer commission. ATS Estate Private Limited, along with Getamber Anand, managing director, and Poonam Getamber Anand, director of the firm, has been directed to pay Rs 56.44 lakh to the complainants.

The complaint was filed by Dr Jaiwant Cheema and Dr Navjote Cheema, residents of Phase IV in Mohali. After seeing advertisements in newspapers, the couple had booked an apartment in the project, “ATS Golf Meadows Lifestyle”, in Dera Bassi on December 14, 2012, by paying the booking amount of Rs 50,000. Thereafter, they paid Rs 3.50 lakh and Rs 5 lakh on December 27, 2012 and January 20, 2013, respectively. The remaining amount was paid by them in instalments to the builder.  

In a letter received on February 1, 2013, the complainants were informed that the construction of the building, in which they were allotted an apartment was started in December 2012 and the work was in full swing. An allotment letter, dated May 21, 2013, was also issued. A buyer’s agreement was also executed on May 21, 2013.

As per the complaint, the possession of the unit was to be handed over within 36 months with a grace period of six months from the date of actual start of the construction. It added that the complainants paid all instalments on time. The possession was to be handed over by December 2015 but it was not done.

 The complainants even visited the spot in August 2017 and saw that construction had stopped and only a basic structure had been built. The builders in their reply raised multiple objections, including jurisdiction. However, the same were dismissed by the commission.

The commission observed that the firm had admitted that the possession was not handed over even during the course of trial. Also, they had not paid compensation as per their own clause, which was Rs 5 per sq ft of super area per month. The commission thus directed the builders to refund Rs 54.59 lakh to the doctors along with Rs 1.50 lakh as compensation for causing mental agony, physical harassment and deficiency of service, along with Rs 35,000 in litigation costs.