Development not according to layout, Kharar developer to cough up ₹1 lakh

National Consumer Commission upholds Punjab state panel’s decision providing relief to Panchkula woman

Upholding the decision of the Punjab State Consumer Disputes Redressal Commission, the National Consumer Disputes Redressal Commission, New Delhi, has fined Kharar-based Just The Place To Live (JTPL) Township promoters ₹1 lakh for not raising construction as per the layout plan.

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The commission also directed the promoter to refund ₹27.3 lakh paid in instalments by the complainant, Shikha, a resident of Mansa Devi Complex, Panchkula, at 12% interest per annum from the date of agreement.

Shikha had moved the state commission in September 2016 saying that she had booked a corner 2-BHK flat on the ground floor of the township in Kharar.

The complainant said the promoter showed her the layout of a sample flat consisting of two bedrooms with cupboards in each, one living and drawing room, lobby with a cupboard, modular kitchen and two toilets with modern bath fittings. She said it was shown that both the bedrooms had access to the backyard.

She said after some time, the promoter posted some pictures of the flat showing completion but when she visited the site to check the flat, she found that whatever was shown in the layout plan as declared by the promoter during the booking was practically missing.

She also said that she had already paid ₹27.3 lakh as instalment for the flat and during the possession, she discovered that the flat had not been prepared as per the plan, following which she moved the state commission in March 2018, which awarded her relief.

However, JTPL challenged the decision in the national commission. The promoter pleaded that the construction was carried out within her knowledge and she had been making the payments in instalments based on the progress of the construction. The developer also said she had never raised any objection to any deviation from the approved map. The firm said she had concealed the fact that she had booked the floor under subvention scheme, under which sale deed is executed till the construction is complete and intimation letter is issued to her.