Yet Again, a builder namely ATS Estate Private Limited has been penalised for giving delay in flat possession by consumer forum holding the buyer entitled for refund of amount paid along with 12% interest per Annum.
It is a settled law that home buyer can approach either RERA or Consumer Forum for redressal of their grievances against builder.
But no where it is written that home buyer should go to RERA Authority exclusively after the incoming of RERA regulation. This Argument was dismissed by the hon’ble consumer forum.
Brief Facts of The Case:
- The complainant husband wife coupled booked an apartment in the project ATS Golf Meadows Lifestyle located at Derabassi in September 2014 for a total price of Rs.61 lakh.
- The Date of Possession as per the agreement was within 3 years of booking with a grace period of 6 months i.e. March 2018.
- The Complainant had paid Rs 53 lakh to builder for the flat and rest of the amount has to be paid at the time of delivery of possession which never happened.
- Defense by builder was since RERA has come into picture in 2016 , the consumer State Commission has no jurisdiction which was Dismissed
- Reasoning: – in Case a builder fails to deliver possession on time, the consumer is under no obligation to accept possession at a belated stage and can seek complete refund and relief.
The forum awarded return of Rs 53 lakh with 12% per Annum interest and 65000/- as compensation on account of mental harassment & pain and litigation cost.
For Specific advice, one can contact top best real estate consumer advocates in Chandigarh Panchkula Mohali kharar Derabassi Zirkapur etc.
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