Developer told to refund Rs38 lakh

Tribune News Service

Chandigarh, January 18

The State Consumer Disputes Redressal Commission has directed a developer to refund Rs 38.21 lakh to a woman and her son.

Complainants Chiterlekha Jindal and her son Rajiv Jindal, both residents of Sector 20-D, Chandigarh, sought directions to Emaar MGF Land Pvt Ltd (opposite party) for refund of Rs 38,21,650 paid towards purchase of a plot in the project named “Mohali Hills”, Sector 109, SAS Nagar. Total sale consideration of the plot was fixed at Rs 54,00,472.

The complainants submitted that despite making payment of substantial amount from September 23, 2006 to February 28, 2014, the developer failed to deliver possession of the plot by June 18, 2010, as envisaged under Clause 8 of the agreement dated June 19, 2007, for dearth of basic amenities, development and also necessary approvals/sanctions from the competent authorities.

In a letter dated February 22, 2014, the developer admitted that they couldn’t provide any definite date of possession of the plot.

In a reply, the developer submitted that “as on date, the complainants are liable to make remaining payment of Rs 19,51,322.”

The commission observed: “The complainants cannot be termed as defaulters, especially when it was admitted by the developer in 2014 that they are not in a position to offer possession of the plot.

“The developer adopted unfair trade practice by usurping their hard-earned money and on the other hand, did not provide them anything,” observed the Commission while ordering the developer to refund Rs 38,21,650 to the complainants, along with interest at 10% per annum from the respective dates of deposit onwards and to pay compensation for causing mental agony and physical harassment to the complainants, deficiency in providing service and adoption of unfair trade practice and also costs of litigation, in lump sum, to the tune of Rs 50,000 to the complainants.

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