Forum directs Pune-based developer to pay ₹3.56L with 10% interest for denying refund to consumer

PUNE The Pune district consumer redressal forum has directed FC road-based Xrbia developers to pay a compensation of ₹3

PUNE The Pune district consumer redressal forum has directed FC road-based Xrbia developers to pay a compensation of ₹3.56 lakh with ten per cent interest to a consumer for denying a refund after she withdrew from a project. The forum has also asked the developer to pay an additional ₹28,000 towards compensation and expenses within forty-five days from the date of order.

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The forum comprising of members Anil Jawalekar, Shubhanghi Dunakhe and JV Deshmukh passed the order to the effect after a complaint was lodged by Shashikala Kamble, a resident of Sinhagad road.

The complaint was filed on November 27, 2018, and the order was passed on March 16, 2021.

Kamble in her complaint stated that she had booked a one BHK flat number 611 in the C3 building of the Eiffel towers residential project and also booked a 2 BHK flat number 602 in the A2 building of the said project. She paid ₹3.56 lakh through two cheques to the developer. After fourth months, Kamble got the quotation from the builder and found that she had been charged more for less area of the flat. She claimed that she was not informed about the reduction of the flat areas in square feet and took the decision to withdraw from the project and sought a refund. She requested for refund but her plea was denied. Accordingly, she filed a complaint with the consumer seeking compensation of ₹3.56 lakh with 24 per cent interest.

Xrbia in its reply stated that the complaint was wrong and fabricated. “The complainant had booked flat 611 in C3 building and A2 in 602 building. The complainant had made a misrepresentation of size ( square feet ) in the complaint and after a complete inquiry had paid ₹3.56 lakh. The complainant cancelled the booking for personal reasons and never requested a refund.”

“There is no reason behind the lodging of the said complaint by her. The complainant does not have any right to lodge a complaint and the said complaint must be dismissed thereof,” Xrbia stated in a written statement before the forum.

The forum in its order stated “It can be concluded that Kamble had given ₹3.56 lakh to the developer. From the papers submitted on record, it is evident that the developer has not refunded the complainant post cancellation of the booking. In its written submission, the developers said that it was appropriate to return the amount after taking the booking cancellation charges. However, the developer has not submitted any proof related to how much was scheduled to be recovered as cancellation charges and how much amount was to be refunded.”

“Despite repeated requests, the developer did not refund the booking amount exhibiting deficiency in service. The complainant is eligible to claim a refund along with interest from the developer,” the order stated.