Consumer panel penalises builder for deficient service

Ramkrishan Upadhyay

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Chandigarh, February 24

The District Consumer Disputes Redressal Commission, UT, has directed a Mohali-based builder to refund Rs 12 lakh and pay a compensation of Rs 35,000 to a city resident for failing to deliver an independent house in a stipulated time. The commission also directed the builder to pay Rs15,000 as litigation cost to the consumer.

In a complaint filed before the commission, Vijeta Vaid, a resident of Dhanas, said she agreed to purchase a fully-furnished independent house from M/s Sehaj Builders, Eden City, Kharar, on April 22, 2019, for a total sale price of Rs 27 lakh. She paid Rs 12 lakh in advance and the remaining amount was to be paid at the time of handing over of the physical possession of the house.

She said she, along with her husband, visited the site and found that the construction was at its initial stage but the opposite party (the builder) kept on making false assurances of delivering the possession, which was due on July 22, 2019.

She alleged that despite payment of Rs 12 lakh and making repeated requests, the opposite party failed to hand over the possession in time.

The commission observed that the opposite party did not turn up despite notices, hence proceeded ex parte vide order dated May 10 last year.

After hearing of the arguments, the commission comprising of president Pawanjit Singh and members Surjeet Kaur and Suresh Kumar Sardana held the builder guilty of deficiency in service.

The commission observed that the opposite party failed to appear or come forward to contradict the allegations, which raised a reasonable presumption that it failed to render proper service to the complainant. The commission directed the builder to refund Rs 12 lakh to the complainant with interest at the rate of 9 per cent per annum from the date of receipt of payment till realization. The builder was also directed to pay Rs 35,000 as compensation for causing mental agony and harassment to the complainant and 15,000 as costs of litigation. The order had to be complied with within 30 days from the date of receipt of its certified copy, the commission ordered.