Coming down heavily on Greater Mohali Area Development Authority (GMADA) for charging non-construction fee without even handing over the physical possession of the plot, district consumer disputes redressal forum SAS Nagar directed GMADA to pay Rs 2 lakh as compensation to Bathinda resident for ‘unfair trade practices and deficient services’.
“The Act of the GMADA in not handing over the possession of the plot and further demand of non-construction fee from February 2009 to June 2013 during the lis pendence is an act of deficiency in service and unfair trade practice of GMADA,” ruled the consumer forum presided over by Madhu P Singh on August 1.
Coming to aid of Harvinder Kaur Gill, the forum also directed GMADA to refund Rs 4.16 lakh as non-construction charges with 9 percent from the date of deposit (March 2013) till the date of payment.
The forum held, “The physical possession of the plot was handed over in April 2013. During the period i.e. from February 2009 till April 2013, the plot in question was under litigation and during this period the complainant was not given the physical possession. Therefore, there is no question of levy or demand of non-construction charges beyond 60 days of the issuance of allotment.”
Gill had applied for allotment of free-hold residential plot with GMADA. She claimed that the said plot was allotted and letter of intent was also issued in March 2001 and was informed that tentative price of the plot was fixed as Rs 15 lakh and was directed to deposit 15 percent of the amount.
Though the allotment letter issued in September 2009, she was told that the tentative price of the allocated plot in Sector 77, SAS Nagar, was Rs 18.45 lakh on account of the increased area.
She sought possession of the plot in February 2009, but the same was not handed over to her and was told to pay Rs 4.16 lakh as non-construction charges.