Omaxe Extension Developers Private Limited CMD Rohtas Goel has been summoned in person by Chandigarh Consumer Dispute Redressal Commission for non-delivery of plot by one complainant who booked the plot in 2015.
A case under section 420, Indian Penal Code has been registered and an opportunity is given to Rohtas Goel to explain why a case under the above-mentioned section should not be registered against him.
The next date of hearing is in Oct, 2019.
Previously, the MD was asked to give an explanation for the non-delivery of the unit. Instead, exemption application was moved by the counsel of the builder.
Company stated in its reply that due to some technical defects, the plot could not be delivered to the complainant.
The company has taken 17 lakhs from the complainant in 2015 and till date nothing has been done in this regard so far which makes the court to think this to be a clear case of cheating.
The court warned company to be ready to face criminal proceedings if the presence of the director is not ensured at the date of hearing.
Now, the court has ordered Omaxe to submit khasra no. of the land in dispute, license issued by the competent authority and title of the company on the land.
RERA Act indemnifies buyers for defective title of the land/ plot if sold by the builder.
Heavy penalty may also be imposed if the builder is found at fault. Homebuyers can also seek compensation in case they are defrauded by the builder.
In alternate, homebuyers can also pursue criminal case against the builder if it seems impossible to fulfill delivery of unit to buyer under Section 420 and 406 of the IPC.
There are countless complaints pending in Punjab, Haryana and Chandigarh State Consumer Dispute Redressal Commission but very little could be of help since builders don’t come forward to comply with the court’s order.
So, you must take legal advice from State Consumer Commission Advocate/Lawyer of Chandigarh, Panchkula and Mohali for your case and he/she will be able to do justice to your consumer case.
For more information, please dial 7888356908.