Delay in handing over plot costs Mohali builder dear

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, July 5

While rejecting excuses like loss due to the lockdown and shortage of construction material for delay in completion of the project, the State Consumer Disputes Redressal Commission, Chandigarh, has directed a Mohali-based builder to refund the entire amount of Rs42,25,000 to a consumer with interest.

The Commission has also directed the builder to pay a compensation of Rs50,000 for causing mental agony and physical harassment.

Complainant Usha Yadav approached the Commission through counsel Devinder Kumar after the builder failed to hand over the possession of the plot in the fixed time. She sought the refund of the amount paid for the purchase of a plot in the builder’s project, “The Palm”, in New Chandigarh, Mohali, Punjab, on the ground that the builder failed to offer possession for dearth of construction and development activities.

The complainant said she purchased a plot measuring 250 square yards on March 3, 2012, after paying a booking amount of Rs13,50,000. Despite the fact that a substantial amount of Rs42,25,000 was paid, the builder failed to hand over the possession of the plot with all facilities. She claimed that as per the plot buyer’s agreement executed in 2017, the builder promised to hand over the possession of the plot within a period of 24 months from the date of allotment.

Usha Yadav said the builder failed to do so due to lack of development activities at the project site. The complainant’s claim was contested by the builder on numerous grounds. In the reply, the builder claimed that the development work was at an advanced stage and some wings of flats had already been delivered to customers.

The builder also sought extension for the completion of the project from the competent authorities, which had been granted. The builder also claimed that it suffered a setback due to the pandemic and suffered losses. Still, efforts were on to complete the project within the extended period.

After hearing the arguments, the Commission rejected the excuses of the builder such as losses due to the Covid. The Commission, in the order, said the lockdown, which was imposed in March 2020 due to Covid-19, had no connection with the inordinate delay in the matter as the plot in question had been purchased by the complainant as far as back in 2012.

In view of this, the Commission has directed the builder to refund Rs42,25,000 to the complainant and Rs50,000 compensation for harassment and litigation costs.

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