Builder penalised for delaying possession of plot

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SummaryThe UT Consumer Redressal Commission has also directed the company to pay Rs 10,000 as litigation cost.

For delaying the physical possession of a plot to the complainant, a real estate developer has been penalised Rs 1 lakh. The UT Consumer Redressal Commission has also directed the company to pay Rs 10,000 as litigation cost.

The complainant, Sandeep Luthra booked a flat in 2010 with the opposition party, Omaxe Limited in a Group Housing Project under the name Omaxe Parkwoods at Baddi, and paid 95 per cent the price of the plot by way of installments. However, the opposition party failed to give the possession.

As per the agreement, the opposition party was supposed to handover the plot to the complainant within 15 months from signing of the agreement and the said period could be extended by another six months but even after a lapse of more than two years, the opposition party failed to give physical possession of the plot. The complainant served a legal notice but the company gave empty assurances.

However, the opposition party claimed that the plot was offered to the complainant but despite calling upon the complainant to execute a Maintenance Agreement with the maintenance agency, the complainant did not turn up for the same. The company also claimed that the complainant didnít pay the full installments of the total price.

Hearing the arguments, the Consumer Forum decided that the company failed to hand over the possession of the plot till the filing of the complaint, which further proved the opposition party guilty of deficiency in service. Therefore, the forum directed Omaxe limited to handover the plot in time and pay to the complainant, the compensation and the litigation cost.

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