Termed guilty of deficiency in service as well as unfair trade practice, a real estate developer has been directed to refund a ₹18.9-lakh deposit to a Chandigarh-based couple for not delivering a commercial unit on time.
The District Consumer Disputes Redressal Commission has also directed WTC Chandigarh Development Co Pvt to pay ₹30,000 as compensation to the complainants, Shree Bhagwan Jindal and Madhu Jindal.
The couple, Shree Bhagwan Jindal and Madhu Jindal, residents of Sector 42, had approached the commission, pleading that they had entered into an agreement with the firm to buy a commercial unit at Aerocity, Mohali.
The total sale price was ₹37.53 lakh, of which they paid ₹18.9 lakh while the rest was to be paid within 18 months of the application submission/possession, whichever is later.
As per the agreement, the unit was to be handed over by December 31, 2022. But the developer did not keep the deal.
The opposite party stated that they had applied for extension of completion of project to June 2024 and the application was under consideration of the Real Estate Regulatory Authority (RERA).
As the offer of possession promised to the complainants is connected to the date of completion of project, the complaint is premature and liable to be dismissed. They further added that the Covid lockdown led to labour shortage, which affected the project’s completion.
{{/usCountry}}As the offer of possession promised to the complainants is connected to the date of completion of project, the complaint is premature and liable to be dismissed. They further added that the Covid lockdown led to labour shortage, which affected the project’s completion.
{{/usCountry}}The commission noted that the developer failed to place on record any communication with RERA. Moreover, even till date, they had neither completed the project nor offered possession, which amounted to deficiency in service as well as unfair trade practice.
Disposing of the complaint, the commission directed the firm to refund the deposited amount and pay compensation for mental harassment and litigation costs.