E-Paper
Mohali consumer panel orders developer to hand over plot after 15-year delay or refund buyer with interest
The commission held Bajwa Developers Limited deficient in service for failing to execute the sale deed despite receiving the full payment from the buyer years ago.
After waiting nearly 15 years for possession of a residential plot in Kharar, a Mohali resident has secured relief from the district consumer disputes redressal commission, which directed a real estate developer either to execute the sale deed and hand over possession of the plot or refund over ₹25 lakh with interest.
The commission, headed by president SK Aggarwal along with members Paramjeet Kaur and Lt Col Jasbir Singh Bath, held Bajwa Developers Limited deficient in service for failing to execute the sale deed despite receiving the full payment from the buyer years ago.
The complaint was filed by Rakesh Kumar, a resident of Kharar, through advocate Jagdeep Singh Chahal. Kumar told the commission that he entered into an agreement with the developer in April 2011 for the purchase of a 138.89 square yard plot in Sunny Enclave, Kharar, at a cost of around ₹24.88 lakh.
According to the complaint, Kumar paid ₹25.76 lakh, including external development charges, to the developer between January 2011 and December 2013. The builder allegedly assured him that the sale deed would be executed within 10 days of receiving the final payment.
However, despite repeated visits and requests, the developer allegedly failed to register the plot in his name. In 2019, the company allotted him another plot measuring 141 square yards in Gold City, Sector 123, Sunny Enclave, but even that plot was never registered in his favour.
The developer contested the complaint and argued that there was no deficiency in service. It also claimed that the complaint was barred by limitation and that the matter should be decided by a civil court.
After examining the records, the commission observed that the developer had admitted receiving the full consideration amount but failed to produce any evidence showing readiness to execute the sale deed.
Partly allowing the complaint, the commission directed the developer to execute the sale deed of the newly allotted plot and hand over possession with completion and occupation certificates within two months.
In the alternative, the commission ordered the builder to refund ₹25.76 lakh with 9% annual interest from the date of deposit. It also directed the company to pay ₹2.5 lakh towards compensation for mental agony, harassment and litigation expenses.
