Chandigarh: Builder firm asked to pay Rs 50,000 compensation
The District Consumer Disputes Redressal Forum has held a builder firm guilty of deficiency in services and asked it to pay a compensation of Rs 50,000 for causing mental agony and harassing the complainants.
The forum has also asked the firm to get the sale deed of the flat, entirely at its own cost, without charging any amount from the complainants, within a period of 45 days, failing which the builder shall have to refund an amount of Rs 6 lakh, along with an interest of 12 per cent per annum from the date of deposit till payment.
Complainants Col SK Malhotra and his wife Krishna Malhotra said in a complaint that the builder Emaar MGF Land Limited had allotted them the residential unit No J3-F-504 in Tower No J, having superbuilt area of 1750 sq ft, namely ‘The Views’ in Mohali in Punjab and the basic sale price of the said unit was fixed at Rs 51,62,500.
According to the complainants, despite paying the entire sale consideration, including miscellaneous, registration and stamp charges, the opposite party failed to deliver possession of the unit in question. The opposite party had also taken Rs 56,180 as club membership charges from the complainants, despite there being no club in existence till date. The same should not have been charged until the flat was physically handed over to the complainants and the club became functional.
The complainants had then requested the opposite party to refund Rs 6 lakh paid by them for the registration of sale deed for the unit in question, so that they could get it done on their own. However, the firm failed to do so.
In its reply, the opposite party admitted that the apartment in question was allotted to the complainants. The firm said that the complainants delayed certain payments on account of which delayed payment interest was levied in their account. It added that the intimation of possession letter was issued to the complainants on August 16, 2013, and the settlement of the final dues was issued to them on November 28, 2013. On clearance of dues by the complainants and after joint inspection by both the parties, the complainants were issued possession offer letter dated March 3, 2014, but, they refused to take possession on one pretext or the other.
The opposite party added that the complainants during the pendency of the complaint, took possession of the flat on March 16, 2015. It has been contended that the amount towards the stamp duty had been paid by the complainants as per the buyer agreement on their own without any protest. It was also contended that the club charges were payable as per the agreed terms and conditions of the buyer agreement, and out of the total amount, only 50 per cent had been demanded and paid.
The forum held, “During the pendency of the present complaint, the opposite party handed over the possession of the plot to the complainants. As far as the refund of Rs 6,00,000 with interest is concerned, the opposite party has clearly stated that the complainants have already taken possession of the plot in question and it is ready to execute the sale deed after the complainants complete the necessary formalities. Since the complainants have already paid this amount to the opposite party, therefore, the entire cost of registration of the plot in question has to be borne by the opposite party. On the same lines, the opposite party has charged a sum of Rs 56,180 towards club charges. However, admittedly there is no club in existence in the colony developed by the opposite party. Therefore, charging club fee is in itself an unfair trade practice.”