Builder penalised for delay in giving possession of flat

Dushyant Singh Pundir

Tribune News Service

Chandigarh, May 27

The developers of Sushma Crescent have been directed to pay a compensation of Rs 1 lakh on account of mental agony caused to a Zirakpur resident over delay in giving possession of flat.

In a complaint to the State Consumers Disputes Redressal Commission, complainant Jagsukhbir Kaur stated that she was allotted a flat in Sushma Crescent, Gazipur, Zirakpur, Mohali, vide allotment letter dated November 5, 2011.

Narender Yadav, counsel for the complainant, stated that as per the agreement executed on December 23, 2011, possession of the unit was to be handed over to the complainant within 36 months (on or before December 23, 2014), whereas Opposite Parties (Sushma Buildtech Ltd, Business Complex, Elante Mall, Chandigarh, through its chairman, Director, and Executive Director) offered possession on June 18, 2018, but due to some discrepancy in the offered unit, the complainant had taken over the possession only on August 17, 2018, and, as such, the complainant averred that the Opposite Parties are liable to pay compensation. He stated that the complainant paid Rs 61.88 lakh in respect of the unit and also took a loan from HDFC Bank.

Yadav further stated that due to non-delivery of the possession in time, the complainant suffered a lot because she was forced to stay in a rented accommodation.

The Opposite Parties submitted that possession of the unit was “endeavour” to be delivered within a period of 36 months from the date of execution of the agreement plus an extended period of six months for completing and handing over the unit to the buyer.

It was further stated that the complainant has already settled the matter and the Opposite Parties have also paid a compensation of Rs 4,18,803 and Rs 12,000 towards some fixtures cost as was mutually agreed prior to the execution of the conveyance deed.

After hearing the arguments, the commission observed: “The Opposite Parties were bound to deliver possession of the unit within a maximum period of 36 months plus grace period of six months, but in the present case, possession of the unit was offered after a huge delay of three years. Even the Opposite Parties used the hard-earned money of the complainant.”

Thus, the commission directed the Opposite Parties to pay compensation, by way of interest at 9 per cent per annum on the deposited amount (Rs 61.88 lakh), to the complainant, from June 22, 2015 till possession was actually delivered on August 17, 2018, after adjusting Rs 4,18,803 already paid.

The commission also directed the Opposite Parties to pay compensation of Rs1 lakh on account of mental agony and physical harassment caused to the complainant and Rs 45,000 as litigation cost.

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