Gurgaon court tells builder to refund Rs 1.13 lakh for not handing over plot

  • HT Correspondent, Gurgaon
  • Updated: Jan 31, 2016 01:45 IST

A consumer court of Gurgaon has directed a private builder to refund Rs 1.13 lakh, with 9% interest and litigation expenses, to a resident for failing to hand over a plot within the stipulated time.

The petitioner, Ajay Sharma of Sector 17A in Gurgaon, had booked a plot (460 sqft at Rs 1,091 per sqft) at Shahpura in Rajasthan for Rs 5.01 lakh. He also paid 44 instalments of Rs 2,000 each to the developer. Even after paying Rs 1,13,000 to the developer, when there was no construction activity on the spot, the consumer sought a refund.

As he received no response from the developer, Sharma filed a petition at the Gurgaon-based district consumer disputes redressal forum seeking a refund and Rs 1 lakh for harassment and mental agony.

“We direct the opposite parties (office bearers of the real estate firm) to refund Rs 1, 13,000 with interest @ 9% per annum from the date of filing the complaint (October 13, 2015) till realisation. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs 2,000,” said the order passed by the three-member panel of judges comprising president Subhash Goyal and members Jyoti Siwach and Surender Singh Balyan.

Significantly, the builder argued that since the plot was in Rajasthan, it was out of the jurisdiction of the consumer court. The argument was turned down as the builder had its office on the Old Railway Road in Gurgaon.

“The opposite parties should ensure compliance of the order within 30 days from the date of receipt of the copy of this order,” it said.

The builder also accused the complainant of cancelling the booking as he failed to make the payment of the requisite instalments from time to time, which was also rubbished by the forum.

“The builder has not given any evidence in support of their case. There is nothing to suggest that the opposite party (builder) has completed the construction within the stipulated period. Therefore, to meet the ends of justice, we direct the builder to refund the amount deposited by the complainant,” the order said.

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