Chandigarh Citi Centre developer told to pay Rs 40K fine, refund Rs 12 lakh

Chandigarh, March 13

The District Consumer Disputes Redressal Commission, Chandigarh, has directed the MD and partner of Chandigarh Citi Centre (CCC), Zirakpur, to pay a compensation of Rs 40,000 to a city resident for not handing over the possession of a commercial unit within the stipulated time.

Tripta Arora, in her complaint, said she had booked office space on the sixth floor in the commercial complex at a cost of Rs 22 lakh and paid Rs 12 lakh through cheque and Rs 10 lakh cash.

She said as per the clause of allotment letter, the possession was to be handed over within 18 months from the date of start of construction with a grace period of six months. She alleged the OPs failed to hand over the possession within the stipulated period and even stopped giving 1 per cent interest for the cash amount paid by her for the past 8 months.

The opposite party No. 2 (partner) denied the allegations and claimed after taking partial completion certificate, the complainant was offered possession vide letter dated July 15, 2019, and reminder letters were also issued to the complainant to clear the dues and take the possession, but she failed to do so.

After hearing the arguments, the commission said the OPs were deficient in rendering proper service and indulged in unfair trade practice as after taking huge money they failed to hand over possession of the unit on time.

The commission said the complainant failed to prove Rs 10 lakh cash payment and there was not document showing the cost of unit. It directed the builder to refund Rs 12 lakh with 9 per cent interest and to pay Rs 40,000 as compensation for causing mental agony and harassment to complainant and Rs 10,000 as litigation costs.