Builder penalised over delay in handing over possession of flat

Ramkrishan Upadhyay
Tribune News Service
Chandigarh, May 26

The State Consumer Disputes Redressal Commission, Chandigarh, has directed a builder to refund Rs45,16,323 lakh with interest to a consumer after the builder failed to deliver the possession of the flat within the promised time.

Holding the builder guilty of deficiency in services, the Commission has also directed the builder to pay Rs50,000 for causing mental agony and physical harassment to the complainant.

Krishan Dev Vasisht, a consumer, had approached the commission through advocate Ranbir Singh Rawat after the builder, M/s Ansal Properties and Infrastructure Ltd, failed to give him the possession of the flat within the promised time.

In the complaint filed before the commission, Vasisht said he paid Rs45 lakh to the builder from 2011 to 2018 for purchasing a flat at Victoria Floors, Golf Links-II, Sector 116, Mohali, Punjab.

He said despite this, the builder failed to deliver the possession of the flat by the promised date — May 19, 2015.

However, the builder denied all allegations on the various grounds.

After hearings the arguments, the Commission noted that the builder failed to deliver the flat violating the agreement signed with the consumer.

The commission says that facts of the case revealed that there had been an inordinate delay in the matter. Still, the builder was unsure as to by which date the possession of the unit can be delivered to the complainants. The complainants cannot be made to wait for an indefinite period on bald assurances given by the builder.

“It is a well settled law that the non-delivery of possession of plots/units in a developed project by the promised date is a material violation on the part of a builder and in those circumstances, the allottee is well within his/her right to seek refund of the amount paid,” says commission.

In view of the above facts, the commission directed the builder to refund the entire amount deposited for the flat with interest. Besides, the commission also direct the builder to pay compensation for causing mental agony and physical harassment and also litigation expenses to the complainant.

Join Whatsapp Channel of The Tribune for latest updates.