JTPL FINED FOR CHANGING THE LAYOUT PLANS WITHOUT INFORMING HOMEBUYER
Deficiency in Service, Builder got fined of Rs. 1.2 lac.
Layout Planes shows detailed layout of a building/flat/ home/ offices etc. After considering layout Planes a buyer buys a Flat or start paying installments in a construction plan. But builder change the layout plan with other plan, without buyers consent then buyer have right to sue the builder for deficiency in service.
As same happened in this case in which National Consumer Disputes Redressal Commission, New Delhi upheld the decision of Punjab State Consumer Disputes Redressal Commission and levied fined on “just the Place to Live (JTPL)” Township promoters and also directed to refund the installments paid by the complainant with interest of 12%.
Facts of the case:
Complainant Shikha residence of Mansa Devi Complex in September 2016 approached the State Commission.
She alleged that she had booked a flat with JTPL Township situated in the revenue estate of village Sante Majra and Khuni Majra, Kharar & she was shown a sample flat with the layout plan.
She states that the promoter said the flat would have two bedrooms with cupboard, one living and drawing room, a lobby with a cupboard, modular kitchen and two toilets with modern bath fittings at the time of booking and also promoter showed layout plan in which both the bedrooms had access to the back yard.
She also alleged that when she went to check the flat she found that whatever was shown in the layout plan was missing.
During possession she discovered that flat had not been prepared as per layout plan and she had already paid Rs.27.32 lacs as an installment.
The promoter pleaded that construction was carried out within the knowledge of complainant and she was paying the installments without raising any objection on basis of development of the construction. Hence, complaint is not maintainable.
The forum after hearing the both sides held that promoter’s plea is not acceptable and there is deficiency in service on side of promoters.
Hence, promoters are fined with 1.2 lac and also directed to refund the installments of Rs. 27.32 lac with 12% interest.
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