E-Paper
Chandigarh builder told to pay ₹41 lakh to 77-year-old NRI over delay in flat possession
The case was filed against M/s Ansal Properties and Infrastructure Limited, Chandigarh.
The Punjab consumer commission directed a Chandigarh-based builder to pay ₹41 lakh to a 77-year-old NRI for failing to hand over a flat to him in stipulated time.
The case was filed by Sukhmandar Singh of USA against M/s Ansal Properties and Infrastructure Limited, Chandigarh.
Singh said he had paid ₹38.15 lakh towards a 1,435 sq feet flat in Victoria Floors, a project by the builder in Golf Links-2, Sector 116, Mohali. However, under the agreement signed on August 9, 2011, the possession of the said flat was not delivered to him by the committed date of August 8, 2014.
The petition said visits made to the project site revealed that the project construction was put to halt, with only the structure of the housing tower standing. Requests for refund were also refused, following which Singh approached the commission.
Singh said he bought the flat for personal use as he wanted to come back to India after retirement from his job in the US. It was further stated that due to the delay, he was forced to sell the household furniture and other items that were to be brought from his native village in India.
Builder’s argument rejected
The firm, in its reply, stated that the flat was purchased for future gains and thus, Singh was not a ‘consumer’. The reply also said the builder had already applied for completion certificate, which is pending before the competent authorities, and thus, delay, if any, is on the part of the said authorities and not the builder.
However, the commission dismissed these arguments and directed the builder to refund ₹38. 15 lakh to the complainant along with compensation of ₹2 lakh for causing mental agony and physical harassment. It was also directed to pay ₹50,000 as cost of litigation.
