Zirakpur developer delays possession of office space, told to pay Rs 25K fine

Chandigarh, December 26

The District Consumer Disputes Redressal Commission has directed Citi Centre Developers (opposite party) to pay a compensation of Rs25,000 for its failure to give the possession of an office space booked in the project, Citi Centre Zirakpur.

In his order, commission president Rajan Dewan also directed the opposite party to refund the entire amount of Rs12,77,500 to the complainants along with nine per cent interest per annum from June 29, 2017 till its realisation. The opposite party should comply with the order by within 30 days from the date of receipt of its copy, failing which it would be liable to pay an additional cost of Rs10,000.

The complainants - Namita Khattar and Anuj Khattar - had booked a office space unit on the fifth floor in the project - Citi Centre Zirakpur - on June 29, 2017 after paying full and final payment to the tune of Rs12,77,500. The OP was to deliver the possession of the fully furnished office space unit within 12 months i.e. by June 29, 2018. On July 15, 2019, the opposite party issued a letter of offer of possession in the pre-final stage.

It is submitted that instead of delivering the physical possession of the unit in question, fully furnished complete in all respect having all basic amenities, the opposite party demanded maintenance charges/electricity charges, which was duly agitated by the complainants. They also paid Rs15,000 as electric meter charges on August 23, 2019, to the opposite party. They pleaded that they were shocked when they visited their site/unit on October 23, 2019 and found that not even a single unit was complete on the fifth floor. The complainants sent an email to the opposite party seeking refund of the amount with interest, but to no avail.

The opposite party stated that the complainants did not clear the dues. As a result, the unit could not be prepared for possession. So, the delay was solely attributable to the complainants and prayed for the dismissal of the complaint. — TNS

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