Gurgaon court directs builder to refund plot cost

The consumer court told the builder to refund the plot cost with 9% interest and litigation expenses

A consumer court in Gurgaon has directed a private builder to refund the cost of a plot with 9% interest and litigation expenses to a Gurgaon-based consumer, who had bought it seven years ago in Rajasthan.

A consumer court in Gurgaon directed a private builder to refund the cost of a plot with interest and litigation expenses to a Gurgaon-based consumer. (Representative Photo)

Petitioner Satish Kumar Sharma of Shivaji Nagar, Gurgaon, had booked a plot (100 sq yard) in Shahpura, Rajasthan in 2007 and paid Rs. 89,550.

When the builder failed to allot him the plot, Satish approached Gurgaon’s district consumer disputes redressal forum, alleging deficiency of services. He asked the court to direct the builder to refund the plot cost with interest. He also sought a compensation of Rs. 2 lakh for harassment and mental agony and Rs. 22,000 as litigation charges.

The builder argued that since the plot was in Rajasthan, it was out of the jurisdiction of the consumer court. The argument was turned down as the builder has its office on the Old Railway Road in Gurgaon.

“We direct the opposite parties (office bearers of the real estate firm) to refund Rs. 89,550 with interest at 9% per annum from the date of filing the complaint (May 15, 2015) till realisation. The complainant is also entitled to a compensation for harassment and mental agony as well as litigation expenses to the tune of Rs. 2,000,” said the order.

The order was passed by a three-member panel of judges — president Subhash Goyal, Jyoti Siwach and Surender Singh Balyan.

“The opposite parties should make the compliance of the order within 30 days from the date of receipt of the copy of this order,” the order said.