DELAY IN GIVING POSSESSION OF PLOT: Developer also told to refund Rs 48 lakh paid by complainants Chandigarh, September 16 Delay in giving possession of a plot within the time period stipulated in the buyer’s agreement cost a builder dear. The State Consumer Disputes Redressal Commission has directed Omaxe Chandigarh Extension Developers Private Limited to pay a compensation of Rs 2 lakh for causing mental agony and physical harassment and also deficiency in providing service to the complainants. The commission directed the developer to refund Rs 48,62,807 paid by the complainants for the plot. In a complaint, DrAlka Khera and her husband Dr Dheeraj Dumir, residents of Sector 16, Panchkula, sought refund of Rs 48,62,807 paid by them to Omaxe Chandigarh Extension Developers Private Limited (opposite party) towards purchase of a plot in the project named “Omaxe Chandigarh Extension”, New Chandigarh, Mullanpur, Mohali. Total price of the plot was fixed at Rs 56,27,778. It was submitted that despite making payment of Rs 48,62,807, the developer failed to offer and deliver possession of the plot on or before October 12, 2017, (within a total period of 30 months, as envisaged under allotment letter/agreement). Visits to the project site revealed that the opposite party would not be able to deliver possession of the plot even in the next two to three years for want of development works. Numbers of requests were made to the opposite party to complete development at the project site and deliver possession of the plot, but no positive steps were taken by them. Emails written to the opposite party for the period from July 21, 2014, to July 7, 2018, also did not yield any result. In the reply filed by the opposite party with the commission, it was stated that development works in the area, where the plot was located, had been completed. Partial completion had also been applied for with the competent authorities vide letter dated April 24, 2019 and on receipt thereof, possession would be delivered to the complainants, the opposite party added. The commission observed: “In the present case, too, there has been an inordinate delay in the matter. As such, the complainants cannot be made to wait for an indefinite period for the possession of the plot at the whims and fancies of the opposite party. They are at liberty to seek refund of the amount deposited.” The commission directed the opposite party to refund Rs 48,62,807 to the complainants along with interest at the rate of 12 per cent per annum from the respective date of the deposit onwards within a period of 30 days, failing which, the amount of Rs 48,62,807 would further carry three per cent penal interest. The commission also ordered the developer to pay compensation of Rs 2 lakh for causing mental agony, physical harassment and deficiency in providing service and adoption of unfair trade practice, besides Rs 35,000 as the cost of litigation to the complainants within a period of 30 days.

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