E-Paper
Consumer panel attaches Mohali builder’s Sector 110,111 project
After hearing the counsel for the parties, the state commission passed a detailed order on December 2, 2024, directing the judgment debtors to make the payment of around ₹21.5 lakh; however, this amount has not been paid and the order has not been complied with
The State Consumer Disputes Redressal Commission has ordered attachment of the property of TDI City, a real estate project in Sectors 110 and 111, due to the failure to either deliver possession of flats or return the money to the allottees. The commission has directed the deputy commissioner (DC) to attach the entire project in the said sectors.
The commission’s president justice Raj Shekhar Attri stated that the complainant had booked a unit in TDI City, Sector 110-111, Mohali, on May 5, 2011. However, possession was neither given, nor was any amount refunded. Ultimately, the complainant filed a complaint with the commission, which was decided on October 6, 2016.
Refund ₹34 lakh to buyer: Commission
The said order was challenged by filing a first appeal, which was disposed of via an order dated May 16, 2023. The award made by the state commission was modified to the extent that the builder was to refund ₹34.2 lakh deposited by the complainant, along with interest at the rate of 10% per annum from the respective dates of deposit. Additionally, the builder was directed to pay a lump sum compensation of ₹2 lakh and litigation costs amounting to ₹50,000. The sum deposited by the builder with the state commission in compliance with its interlocutory order dated September 22, 2017, along with any accrued interest, was also to be released to the complainant. The balance was to be paid by the builder within twelve weeks from the date of the said order. Failure to comply would result in the state commission initiating execution proceedings for enforcement and penalty as per the law.
Builder told to pay ₹21.5 lakh
The National Consumer Disputes Redressal Commission, New Delhi, directed the state commission to undertake execution for enforcement of the order and penalty as per law. Consequently, the state commission then issued a notice to the parties, initiated the proceedings, and passed an order on January 18, 2024. However, this order was set aside by the national commission.
After hearing the counsel for the parties, the state commission passed a detailed order on December 2, 2024, directing the judgment debtors to make the payment of around ₹21.5 lakh. However, this amount has not been paid and the order has not been complied with.
State commission attaches entire project
The commission stated that since no stay order had been issued by the national commission, and the decree holder had not received the benefit of the decree for the last eight years, the property of the judgment debtors should be attached.
The counsel for the decree holder was directed to file a list of properties of the judgment debtors within seven days. Upon doing so, attachment warrants shall be issued to the district commissioner/tehsildar concerned for due execution to recover the decretal amount as arrears of land revenue.
Meanwhile, the entire project shall be attached. Accordingly, the Mohali deputy commissioner (DC) was directed to attach the entire TDI project in Sectors 110 and 111.
