Refund booking amount, pay 10% interest: Consumer panel to builder

Tribune News Service

Ramkrishan Upadhyay

Chandigarh, April 26

While observing that a builder not in a position to develop a project has no right to retain the hard-earned money of buyers, the District Consumer Disputes Redressal Commission Chandigarh has directed a firm to refund Rs 4,37,500 to a 72-year-old city resident along with interest at the rate of 10% per annum.

In a complaint filed before the commission, Mulkh Raj Chandla had stated that he had booked a plot measuring 605 sq yd in “Siswan Paradise”, a project of the Siswan Paradise (P) Ltd at Mirzapur village in Kharar tehsil of Mohali district, by paying Rs 4,37,500.

The possession was assured to be delivered on or before December 31, 2016. The builder had also executed the sale deed dated October 25, 2012, in his favour.

The complainant alleged that the OPs had not taken any permission from GMADA/PUDA nor they had got change in land use (CLU) for selling the plots. Subsequently, he sought the refund of the deposited amount along with interest by serving the OPs a notice but in vain.

After hearing the arguments, the commission stated that the complainant made the payment of Rs 4,37,500 to the OPs for the plot. The OPs did not appear to contest the case and preferred to be proceeded against ex parte. This act of the OPs drew an adverse inference that they had nothing to contradict in defence against the allegations made in the complaint.

The commission said keeping in view the facts and circumstances of the case, it was of the considered view that the complainant could not be made to wait for an indefinite period. The panel observed that the OPs (builder) who were not in a position to develop the project had no right to retain the hard-earned money of the complainant.

The commission said in view of this, the OPs were directed to refund Rs 4,37,500 to the complainant along with interest at the rate of 10% per annum from respective dates of its deposit till the date of its actual realisation.

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