NCDRC asks construction firm to pay over Rs 1 cr to doctor

Aug 11 2014, 18:17 IST
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SummaryThe apex consumer commission has asked a real estate company to pay over Rs one crore...

The apex consumer commission has asked a real estate company to pay over Rs one crore to a doctor for its failure to give him possession of an apartment, saying that it was making profits at the expense of others.

National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice J M Malik, asked Mumbai-based Orbit Corporation Ltd to pay Rs 1,17,11,340 to a doctor, holding that this was a case of unfair trade practice.

The company had rejected the doctor's claim seeking refund of his money and compensation, citing delay due to several problems which cropped up in the process.

The bench, also comprising its member S M Kantikar, said, "We are unable to countenance all these feckless arguments. One must know the significance of a home. It is well said: Home, the spot of earth, supremely blest; A dearer, sweeter spot, than all the rest...

"It is difficult to fathom, why the consumer should suffer for his (company) deliberate inaction, negligence and passivity. It is clear that Opposite Party (OP) succeeded in its attempt to feather its own nest, i.e., to make profits for itself, often, at the expense of others."

It said, "As the firm is unable to give the premises in dispute, therefore, it is directed to return the sum of Rs 1,16,11,340 to the complainant...with litigation charges in the sum of Rs one lakh."

Dr N Y Kachawalla had told the commission that he had paid Rs 1,16,11,340 to the company in 2009 for an apartment in Mumbai, but despite repeated requests it did not give him the possession while it had assured it will be given by August, 2013.

He claimed that after he demanded the interest for the pending period, the company refused to pay so and also to refund the amount paid by him.

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