Builder fined over missing amenities

Chandigarh, September 30

The State Consumer Disputes Redressal Commission, Chandigarh, has directed a realty firm to pay a compensation of Rs 1 lakh to a consumer for delaying the possession of flat and not providing basic facilities as promised.

The commission has also directed the builder, Ambika Realcon Pvt Ltd, Chandigarh, to pay litigation cost of Rs 35, 000.

In a complaint, Manish Chaure, a resident of New Chandigarh, stated that the builder offered possession of the unit without completing development works and providing basic amenities at the project site. He alleged that the area of the units was arbitrarily and illegally enhanced, forcing them to shell out extra. He also alleged that maintenance charges were being charged at higher rates and that too in the absence of basic amenities like club, sewage treatment plant, etc, as promised in the brochure.

Denying the allegations, teh builder stated the possession of the unit was offered after obtaining partial completion certificate from the competent authorities and even occupation certificates were obtained. The competent authorities extended the period of completion of the project by six months in the wake of the Covid-19 outbreak. The builder claimed that most of the amenities were provided at the project site. He said moreover, only an arbitrator could adjudicate the consumer’s complaint.

After hearing of the arguments, the commission directed the builder to provide all basic amenities and facilities as promised in the brochure and the agreements, and also to rectify the defects of leakage of water in the parking area/surroundings within three months. The builder was also directed to pay a compensation of Rs 1 lakh for mental agony and harassment and unfair trade practice and cost of litigation of Rs 35,000 to the consumer.

The panel directed Shri Vishnu Facilities Management LLP to refund 30% of the maintenance charges received from the complainant.