Failure To Deliver Possession Of Flat, Real Estate Firm To Refund Rs. 20L And Pay Rs.50K As Relief

In yet another case of consumer complaint against Sanskriti Golden Oak Real Estate Private Limited in Sanskriti Homes-I Project in New Chandigarh, State Consumer Commission has ordered Refund of amount to homebuyer for delay in possession.

Not just Consumer Protection Act, 1986 but also under Punjab Apartment and Property Regulation Act, 1995 (PAPRA) Act builders can be booked for violations which amounts to unfair trade practice or deficiency in services. Let’s have this case.

Consumer Court Orders Refund in Sanskriti Homes-I Project
Consumer Court Orders Refund in Sanskriti Homes-I Project

Sukhminder Singh, complainant, filed a case alleging that he had paid in advance Rs. 19.6 lakh to M/s Sanskriti Golden Oak Real Estate Private Limited, Chandigarh for the purpose of buying a flat measuring 2,164.52 square feet in Sanskriti Homes-I which are located in the revenue area of DLF Hyde Park Estate, Pocket R3, New Chandigarh.

The total sales amount was agreed at Rs. 71.42 lakh, and despite the payment of such considerable amount the possession of the flat was not delivered by April 2018 as according to the clause in contract.

Even though he was relocated after his request to another unit, but the construction work there was on halt due to which basic amenities were lacking. Sukhminder filed a case as this was a violation of the Punjab Apartment and Property Regulation Act, 1955 as the opposition party had failed to fulfil the buyer’s agreement and provide the basic amenities.

A notice regarding the complaint was served to the company and also the directors Ravi Garg and Parminder Singh. Parminder Singh in his reply requested for dismissal of the complaint against him as he joined the company as an additional director on 9th January, 2018 and thereafter due to his preoccupation in another, he resigned on 9th May, 2018.

The state consumer disputes redressal commission directed M/s Sanskriti Oak Real Estate Pvt. Ltd. along with the director, Ravi Garg, to jointly and severely refund Rs. 19.66 lakh with interest of 12% p.a. within a period of 30 days from the date of deposit.

They were also directed to compensate the complainant for mental agony and physical harassment, deficiency in providing service and use of unfair trade practice and also the cost of litigation in lumpsum of Rs.50,000.

Rest for case specific advice related to Delay in possession in housing project, you may contact top/best/expert REAL ESTATE Lawyer Advocate in Chandigarh Panchkula Mohali Zirakpur Derabassi who takes up cases in District Consumer Forum/Court, State Consumer Disputes Redressal Commission (Punjab Haryana Chandigarh) or RERA Punjab or Haryana RERA Panchkula Authorities .

This post is written by Kashish Sandha. For more info, dial 99888-17966.