Delayed plot possession: Omaxe Chandigarh directed to pay ₹1.85 lakh compensation

Complainants had bought a plot in Omaxe Chandigarh Extension project in 2013 for which ₹35 lakh was paid but they were not delivered the possession till May 22, 2014, that is within a period of 24 months, as per the agreement

For failing to deliver plot possession, the State Consumer Disputes Redressal Commission, Chandigarh, directed M/s Omaxe Chandigarh Extension Developers Pvt. Ltd., Chandigarh, to pay ₹1.85 lakh compensation to its two clients.

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Complainants Anil Bhasin, of Sector 16-A, and Satish Kumar Sharma, of Gurgaon, had bought a plot in Omaxe Chandigarh Extension project in 2013 for which ₹35 lakh was paid but they were not delivered the possession till May 22, 2014, that is within a period of 24 months, as per the agreement. Stating that this act amounts to deficiency in service and unfair trade practice, the complainants sought directions to the opposite party to deliver possession of the plot ; compensate them by way of interest @18% p.a. and pay ₹6 lakh as compensation.

OMAXE CONTESTS CLAIM

Contesting the claim, Omaxe Chandigarh mentioned that “no definite period was committed to hand over the plot possession” and the company “only proposed” to put its effort for delivering the same within the period mentioned in the allotment letter, therefore, “the time was not to be considered as essence of the contract.”

It was stated that possession of the plot was offered to the complainants, vide letter dated April 17, 2017, and this fact has been concealed by them.

Praying for dismissal of the complaint, the company mentioned, “Though the complainants made the remaining payment…but they failed to take over the plot possession, as a result, numerous reminders were sent to them.”

DEFICIENT SERVICE

The commission stated, “in the entire written statement, we did not find even a single reason assigned by the opposite party as to why possession of the plot was not offered to the complainants, by the committed date. The opposite party was thus deficient in providing service on this count.”

Partly allowing the complaint, the commission directed the Omaxe Chandigarh “to execute and get registered the sale deed in favour of the complainants, within one month” and compensation by way of interest at 9% p.a., on ₹35 lakh.

The forum also directed the company to pay ₹1.5 lakh compensation on account of mental agony physical harassment and ₹35,000 litigation cost to the complainants.