Consumer Forum Awards  ₹63l In Compensation To Flat Buyers As Firms Fail To Give Possession, ET RealEstate

March 31, 2024

NEW DELHI: Delhi State Consumer Disputes Redressal Commission has awarded around Rs 63 lakh compensation to the complainants after real estate firms failed to give possession of their flat even after seven years.

The coram of the commission, comprising Rajan Sharma, member (judicial) and Bimla Kumari, member (female), noted that the opposite parties (Parsvnath Buildwell Private Limited, Parsvnath Developers Limited and Devidayal Aluminium Industries Private Limited) did not have a valid licence to construct the flat but kept misguiding the complainants.

“It is further clear that despite several requests made by the complainants, till date the opposite parties had not refunded hard-earned money of the complainants. Consequently, we hold that the opposite parties are deficient in providing its services to the complainants as the opposite parties had given false assurance to the complainants with respect to their upcoming project “Parsvnath Exotica“, ” the commission said in its order dated March 19.

In 2013, complainants Raminder Chimni and Arzoo Chimni had purchased a 1,920-sq-ft flat in Parsvnath Exotica, Ghaziabad, for Rs 59,50,313 lakh.

According to the flat buyers’ agreement, construction of the house was to begin within six months of purchase and completed within three years, with the possession being handed over by March 2017.

Noting that the construction had not begun till date, the commission directed the firms to pay the complainants a refund of Rs 59,50,313 lakh along with Rs 2.5 lakh for mental agony and Rs 50000 as litigation costs.

The commission also rejected the opposite parties’ submissions that the complainants were not consumers but investors as they were permanent residents of Gurgaon.

The commission stated that it had failed to find any material showing the consumer had purchased the said flat for earning profits. “Mere allegation that the purchase of the said flat is for earning profits cannot be the ground to reject the present consumer complaint,” the order said.

  • Published On Mar 31, 2024 at 04:00 PM IST

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