Terming the sale of flats by SAS Nagar-based Bajwa Developers before getting the requisite permission from Greater Mohali Area Development Authority (GMADA) as an unfair trade practice, the district consumer disputes forum has directed the firm to refund `45 lakh to eight complainants, along with 12% interest. Also, the realty firm has been asked to pay `50,000 as compensation to each of the eight complainants .
The complainants had been waiting for the possession of the flats since 2012.
The consumer forum, while disposing of eight complaints, held Bajwa Developers Limited guilty of unfair trade practices.
In May 2011, Kanika Goel, Mithlesh Jain, Mahima Goel of Rohtak; Renu Gupta of Parwanoo (Himachal Pradesh); Rajiv Kumar from Sirsa; Deepak Kumar of Sector 40-C, Chandigarh; Dr Rakesh Kumar of Ludhiana and Vijay Khanna of Sector 40-D, Chandigarh, had booked one BHK flat each in Sectors 74-A and 117 in SAS Nagar.
The applicants and the realtor entered into an agreement in 2011 and the flats were to be handed over in 2012. However, it was only in July 2013 that Bajwa Developers moved the application for the grant of licence to set up the residential colonies in Sectors 74-A and 117, SAS Nagar, with the competent authorities.
Coming down heavily on the developer, the forum said the day when the developer entered into an agreement with the complainants, the firm was not having necessary sanctions for the construction. “This is an act of unfair trade practice,” the forum observed.
Denying the allegations, Bajwa Developers Limited squarely blamed the complainants for delay in possession of the flats, claiming “The complainants had failed to pay the instalments in time. We had not given any assurance to them regarding date of possession of the flats.”