Builder told to hand over plot in 3 months

Ramkrishan Upadhyay

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Chandigarh, November 10

The District Consumer Disputes Redressal Commission has directed a builder, M/s Manohar Infrastructure and Constructions Private Limited, to hand over the possession of a plot within three months after providing all necessary facilities.

Kamlesh Rani, a city resident, in a complaint filed before the commission, had stated that she had booked a residential plot measuring 250 sq yards in the project ‘Palm Garden” being developed by the builder in Mullanpur, New Chandigarh, in 2012. She added that she was assured by the builder that the possession of the plot would be delivered within two years from the date of booking.

Before the plot was booked, the OPs (builder) had assured that the project had been approved and it had received most of the approvals and sanctions for the development of the project except for the layout plan. Ultimately, an agreement was executed in 2017 and a plot was allotted to her.

She alleged that the OPs failed to hand over the possession of the plot on March 16, 2014, within two years of the booking as promised, or even till date after the expiry of a substantial time.

On the other hand, the builder stated that it had never assured the complainant that the possession of the plot would be handed over within two years as the layout plan was not approved. The OPs said the complainants were defaulters as they did not come deposit the remaining amount and remained silent for years.

After hearing the arguments, the commission directed the builder to hand over 250 sq yard plot in the project ‘The Palm’, Mullanpur, New Chandigarh, having all basic facilities and amenities, subject to balance payment, if any, and other charges agreed upon by the parties as per their agreement.

The commission also directed it to pay compensation to the complainant for the delay in the delivery of possession at the rate of Rs 40 per sq m per month of the area of the unit till the date of delivery of actual possession of the plot, as per clause 35 of the agreement.