Failure to Deliver Possession of Flat, Real Estate Firm to Refund Rs. 53L And Pay Rs.50K As Relief.
INTRODUCTION AND FACTS OF THE CASE
In a consumer complaint against Sushma buildtech limited in project Sushma Crescent, Gazipur, Zirakpur. State consumer redressal has ordered refund of amount along with compensation to the homebuyer.
The state commission has directed Sushma Buildtech Limited, a real estate company to refund Rs 52.74 lakh along with compensation of Rs 50,000 to an army official for delaying possession of an apartment by 5 months. Although Major Ashish paid the required amount as per payment plan.
The company pleaded that complainant made default in payment as a result his allotment stood cancelled in terms of the buyer agreement after due opportunity to clear outstanding dues. It further pleaded that complainant himself defaulted and despite reminders, paid only Rs 52.74 lakh and Rs 8.97 lakh stood outstanding.
LEGAL PROVISION AND COURT DIRECTIONS.
However, the court stated that it is available from the records that complainant had booked the unit as per construction linked payment plan and had made a payment of 52.74 lakh, which is more than 95% In fact, according to payment plan complainant was required to pay 50.99 lakh. Therefore, the objection of company does not hold good.
Further, the company argued that they offered possession vide letter dated April 24, 2019 for which the court stated that records showed that the possession was offered without completion certificate and there is no obligation on part of complainant to accept such offer.
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 delayed possession of promised property.
As per PAPRA :
Section 12. Refund of amount. – If the promoter, –
(a) fails to give possession, in accordance with the terms of his agreement, of a plot or an apartment duly completed by the date specified, or any further date agreed to by the parties;
The State Consumer Disputes Redressal Commission said even after the expiry of 42 months, which ended on November 16, 2018, the letter of offer of possession of the flat was given on April 24, 2019, after a delay of five months without completion certificate. The court ordered to refund the amount of 52.74 lakh to the complainant along with a compensation for causing mental agony and harassment and cost of litigation in lump sum to the tune of Rs 50,000.