Builder told to refund Rs45 lakh to consumer

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, October 10

The District Consumer Disputes Redressal Commission, Chandigarh, has directed a builder to refund Rs45,00,000 to a consumer who paid money for the project launched allegedly without approvals.

The commission also directed the builder to pay Rs1 lakh as compensation to the complainant for causing mental agony and harassment.

In a complaint filed before the commission, Murti Devi, a Haryana resident, said she booked a food court unit having a tentative area of 580 sq ft in a project on March 12, 2020 launched by M/s Gupta Builder and Promoters (P) Limited, Sector 34, Chandigarh.

The agreement was executed between them and the total price was fixed at Rs47,32,000. The woman claimed that she paid Rs45,00,000. When the developer failed to obtain the RERA registration certificate within the stipulated time of nine months, she sought the refund of the money.

The builder failed to pay any heed to her request. She alleged that the builder and its agents/officials misrepresented and misled her by extending false assurances and false promises with regard to the booking of the food court.

The commission sent a notice of the complaint to the builder, seeking their version of the case. However, nobody appeared on behalf of the builder. Therefore, they were proceeded ex-parte on June 15, 2021.

The commission, comprising president Rajan Dewan and member Surjeet Kaur, after hearing the arguments said the act of the builder for not honouring their promise for handing over the possession of the unit in promised time period, collection of money without required sanctions/permissions and not honouring the terms and conditions of their own agreement was illegal and arbitrary, which certainly caused physical and mental harassment to the complainant and proved their indulgence in unfair trade practice.

The commission said the opposite parties (builder) did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the opposite party drew an adverse inference against them.

The commission said in view of this, the builder was directed to refund Rs45,00,000 to the complainant along with 9 per cent interest per annum from the date of deposits till realisation, pay Rs1 lakh as compensation for causing mental agony and harassment and 35,000 as cost of litigation to the complainant.

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