Delhi-based builder to refund ₹2.7-crore security to Zirakpur society residents
The Punjab consumer disputes redressal commission has directed a Delhi-based builder to refund ₹2.7 crore in interest-free maintenance security (IFMS) to Zirakpur-based Jaipuria Sunrise Greens Apartments Owners Welfare Association, besides ₹20 lakh in dues and ₹2 lakh in litigation cost.
The members of the association had filed a complaint against the builder, SMV Agencies, New Delhi, and its five directors.
They stated that in 2006, the construction of “Jaipuria Sunrise Greens” on VIP Road, Zirakpur, had started. It is a multi-storey complex spread over 20 acres, plus two acres connecting the complex to Zirakpur-Patiala highway.
There are 971 apartments, out of which 882 are 3 BHK and 2 BHK apartments and 89 are EWS apartments.
The possession of apartments was to be given in 2008, but it was delayed and delivered in parts to allottees from 2012 onwards. The allottees had paid around ₹2.81 crore in IFMS. The builder had also collected monthly maintenance charges worth ₹20.88 lakh for day-to-day operations.
They alleged that even though 12 years had passed since the date of possession, the complex had not been completed.
Denying deficiency in service, the builder stated that they had completed the project in 2013 and received the completion certificate in 2015. It added that it is imperative for the welfare association to first clear the dues of the builder for the period it was maintaining the project and not to pray for IFMS, as the members are themselves guilty of non-payment of maintenance dues.
After hearing the arguments, justice Paramjeet Singh Dhaliwal, president of the commission, directed the builder to refund ₹2.76-crore IFMS to the association, along with interest at the rate of 18% per annum with effect from August 27, 2016, till the amount is paid.
Also, to refund the dues of ₹20 lakh, along with interest at the rate of 9% per annum and to provide all the certificates and complete statutory compliances regarding the complex to the welfare association.
The commission also directed that all conditions of the Environmental Clearance letter are complied with.