Firm fined Rs 1.83 lakh for failing to deliver flat even after 10 yrs

Chandigarh, October 29

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Construction firm EMAAR MGF Land Limited has been fined for failing to deliver the possession of a flat even after 10 years. The district consumer forum has imposed a fine of Rs 1.83 lakh on the firm. It also directed the firm to refund Rs 48.49 lakh along with interest to the complainants.

A complaint in the case was filed by Deepak Mehra, Sonal Mehra and Minal Mehra of Mani Majra. It was stated that they applied for the allotment of a residential unit by paying the booking amount of Rs 7 lakh in a project, The Views, in Sector 105, Mohali. The complainants were allotted 1,750 square feet flat and the buyer’s agreement was executed between both parties in Chandigarh on February 29, 2008.

The total cost of the flat was Rs 55.98 lakh. Out of this, the complainants paid a sum of Rs 48.49 lakh to the firm. After receipt, the construction firm neither delivered the possession of the flat nor refunded the amount to the complainants despite reminders and a legal notice dated April 20, 2017.

In its reply, the firm first objected to the complainants being a consumer and territorial jurisdiction of the forum. However, the arguments did not hold up. It its reply, the firm also said that handing over of the possession would be attempted in 36 months plus 90 days grace period. However, it stated that there was no commitment to do so. This also was not accepted by the forum, which said, “Non-mentioning of the exact date of delivery of the possession of the unit(s) in the buyer’s agreement/allotment letter is an unfair trade practice on the part of the builder”.

Thus, M/s EMAAR MGF Land Limited, Chandigarh, through its managing director and M/s EMAAR MGF Land Limited, New Delhi, through its director were asked to refund Rs 48.49 lakh to the complainants. In addition, they were directed to pay a compensation of Rs 1.50 lakh for causing mental agony and physical harassment along with litigation cost of Rs 33,000. — TNS