Panchkula builder to pay Rs 30 lakh for delay in construction of flats

  • Vinod Kumar, Hindustan Times, Panchkula
  • Updated: May 06, 2015 08:21 IST

The district consumer disputes redressal forum, Panchkula, has ordered Bhoomi Infrastructure Company to pay around Rs 30 lakh to three persons for delay in construction of flats. The money has to be paid along with interest at the rate of 9% per annum.

The builder has also been asked to pay Rs 60,000 as compensation to each complainant.

Dr Aparna Parmar of Bhiwani, Indra Singh of Inderpuri, Delhi, and Mahesh Dwivedi, a resident of Sector 18, Chandigarh, had entered into contracts with the firm to construct flats measuring 1,100 square feet each at a housing society, Amazon-The Defence County.

Parmar booked a flat on the third floor worth Rs 31.47 lakh on November 25, 2009, and paid a sum of Rs 12. 9 lakh. Indra Singh booked a flat on the first floor with its price assessed at Rs 27.99 lakh on February 1, 2010, and she paid Rs 7 lakh to the builder. Similarly, Dwivedi paid a total of Rs 8.60 lakh on January 13, 2010, as booking amount for a flat on the first floor.

The complainants pleaded that the company assured them that it had purchased land at Sector 30, Panchkula, to develop an integrated township and had its building plans and layout plan approved from competent authorities.

The company stated the flats were being constructed as per law and possession would be given by the end of 2013, said the complainants. They were also given an assurance that if the firm failed to offer the possession of flats within 36 months from the date of allotment, it would refund the money along with interest.

The complainants alleged the company failed to start the construction at the site and kept delaying execution of the buyer’s agreement. They also accused the company of arbitrarily raising demands for more money.

The firm’s managing director did not appear to contest the case while the local partner of the company appeared but did not file any reply.

The forum, comprising president Dharampal and member Anita Kapoor, stated: “In this matter, the deferment of the execution of buyer’s agreement deserves to be noticed and frowned upon because it is proved to have been done in order to evade liability to pay interest, the liability, therefore, on the part of the Ops (opposite parties) was to come into being only after execution thereof.”

The forum has directed company to pay Aparna Parmar Rs 12.9 lakh, Indra Singh Rs 7 lakh and Mahesh Dwivedi Rs 8.60 with interest at the rate of 9% along withRs 60,000 each as compensation.

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