Chandigarh: Rs 50K relief for buyer over delay in flat possession

Chandigarh, November 28

The District Consumer Disputes Redressal Commission, Chandigarh, has directed a builder to pay a compensation of Rs 50,000 to a city resident, Bishakha Chakraborty, for not delivering the flat in the stipulated timeframe.

The commission has also directed the builder to deliver actual physical possession of the flat to the complainant with all basic facilities and amenities within three months.

According to Chakraborty, she had booked a 3-BKH flat in the Sunny Heights, Sector 125, Mohali, at a cost of Rs 37 lakh. She was allotted an apartment on the third floor of the housing society, which is a project of Bajwa Developers Limited (OPs).

As per the buyer’s agreement, the construction of the apartment was to be completed within 24 months from the date of agreement, which means by March 4, 2018. However, the OPs failed to deliver possession of the flat.

She claimed that she had already paid Rs 30,28,000 out of the total sum of Rs 37,00,000. She approached the OPs a number of times to get possession of the flat, but the OPs reportedly kept coming up with some vague excuses.

The OPs, however, contended that the complainant had failed to make the necessary payments within the stipulated period. They said they had informed the complainant that she would only be handed possession of the flat once she paid the entire sum.

The commission observed that, as per the records, the OPs admitted to having already received Rs 30,28,000 for the flat out of the total sum of Rs 37,00,000.

Thus, the panel noted that it was clear that the OPs had failed to fulfil their contractual obligations.

The commission stated that the OPs’ actions amounted to deficiency in services and indulgence in an unfair trade practice.

It, hence, directed the OPs to deliver the actual physical possession of the flat to the complainant with all basic facilities and amenities. The builder was also ordered to pay the complainant Rs 50,000 as compensation for causing her mental agony.