CHANDIGARH: District consumer disputes redressal forum has directed Sector 40-based builders to refund around Rs 40 lakh and pay compensation of Rs 1.65 lakh to three complainants for failing to give possession of flats and later having failed to refund the money deposited. As per the complainants, they booked a 3 BHK luxury flat in Jagan’z Classic residency on national highway 22. One of the builders, Surender Bansal, allegedly allured the complainant that flats would be ready within three years and the 3 BHK flat would be delivered to them within three years.
The complainant paid the booking amount of Rs 5 lakh. Thereafter, the complainant paid various amounts on different dates. Later, it came to the knowledge of the complainant that the land in question, on which the construction activity was carried out, was in the name of some other persons who vide a public notice dated February 12, 2015 revoked their consent which they had given to DD Builders for carrying out the construction. The construction activity came to a grinding halt. Position of status quo is being maintained for last two years. Thereafter, the complainant served a legal notice on the builders but despite the notice, builders failed to either deliver possession of the flat in dispute or refund the amount to the complainants. After the hearing forum stated, “The builders have misrepresented complainants regarding construction of the flat(s) as well as it has been receiving part payment towards 25% of the sale price without having consent of the true owners of the land in dispute.”
“The builder is deficient in rendering services and it has been retaining hard-earned money of the complainant without any rhyme or reason since July 2, 2014. All consumer complaints are liable to succeed,” it added. The builders were directed to refund the deposited amount of Rs12.99 lakh to Ramesh Chand Jain, a resident of Panipat, Rs 13.63 lakh to Palvi Bansal of Kaithal and Rs 13.50 lakh to Sidharth Bansal, a resident of Kaithal. The forum further directed the builders to pay Rs 50,000 to each complainant as compensation for mental agony, physical pain and harassment caused and Rs 5,000 as litigation cost to each.