Builder ordered to pay Rs 1L to Mohali resident over delay in possession of plot

Ramkrishan Upadhyay

Chandigarh, October 20

The State Consumer Disputes Redressal Commission, Chandigarh, has directed Emaar India Ltd, Mohali, to pay Rs 1 lakh to a Mohali resident, Yadvinder Singh Bhatia, as compensation for not handing over a plot within the stipulated time frame.

Told to cover his legal expenses

• The commission directed the builder to pay the complainant an interest of 9% per annum on the deposited amount of Rs 52,73,832, starting from July 4, 2010, till June 2, 2023 (the date on which the possession was delivered), within 30 days
• The opposite parties were ordered to pay Rs 1 lakh to the complainant as compensation for causing him mental agony. The firm was also told to cough up Rs 35,000 more to cover the legal expenses of the complainant

The commission has also directed the company to cough up an additional Rs 35,000 to cover the complainant’s legal expenses.

Bhatia, in a complaint filed before the commission through his counsel, Savinder Singh Gill, stated that he had applied for a plot of 300 square yards under a project being developed by the company (opposite parties) in Sector 109, SAS Nagar, Mohali. He had shelled out a booking amount of Rs 10,35,000 on September 6, 2006, to that end. A plot was subsequently allotted to him. He alleged that there was a change of plot without his consent. He contended that he had never requested the change, but since he had no option, he had to accept the offer of relocation.

As per the agreement signed in 2007, the opposite parties were to hand over the plot to Bhatia within two years of the date of the agreement. He complained that the plot was not allotted to him within the stipulated time frame. He rued that even though he had already deposited an amount of Rs 52,73,832 for the plot against the total sale price

of Rs 53,71,332, he was not handed complete possession of the plot within the given time frame.

The builder, however, denied the charges and claimed that the complainant was not a consumer as he had purchased the plot solely for the purpose of speculation. The builder said that the complainant himself was not willing to execute the conveyance deed and pay the final dues. Pleading no deficiency in rendering services, the opposite parties prayed for the dismissal of the complaint.

After hearing the arguments, the commission — comprising Justice Raj Shekhar Attri and Rajesh K Arya — directed the builder to pay the complainant an interest of 9% per annum on the deposited amount of Rs 52,73,832, starting from July 4, 2010, till June 2, 2023 (the date on which the possession was delivered), within a period of 30 days. The commission also directed the opposite parties to pay an additional sum of Rs 1 lakh to the complainant as compensation for causing him mental agony. The firm was also told to cough up Rs 35,000 more to cover the legal expenses of the complainant.