UT District Consumer directs Parsvanath Developers Limited To Refund Amount For Delay In Possession

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Times Of India, March 25 2011

CHANDIGARH: UT district consumer disputes redressal forum directed Parsvanath Developers Limited to refund Rs 10.47 lakh along with compensation of Rs 20,000 and litigation cost Rs 5,000 to Bhupinder Mehta, a resident of Sector 6, Pachkula for delay in providing possession of a flat.

Coming down heavily on the respondent, the forum said, ''It is unfortunate that builders have emerged to entrap the innocent, simple and unsuspecting consumers in their web in order to make quick and easy money by fleecing them through flashy advertisements, which are the first step in the direction of unfair trade practice, whereby no possession is handed over after retaining the money from complainants. Therefore, the act of the respondent needs to be condemned.''

Mehta had alleged that he booked a three-bedroom residential flat in a Parsvanath building project. The unit was to cost Rs 69.84 lakh over all. He deposited Rs 5 lakh on April 2006 along with the application form and the balance was to be provided as per construction-linked payment plan. However, the possession was not given and when he demanded refund, the money was not provided. The respondent firm stated that the construction could not be carried out at the intended pace due to the global economic slowdown and other reasons and added that it was all beyond its control. It submitted that in case the complainant wanted his money back, he should apply for cancellation of his application and he would be provided the refund after deducting 15% of the base price.

The forum stated that the respondent was adopting an unfair trade practice by not handing over the possession to the complainant within the stipulated period as agreed in the flat buyer's agreement.

It stated that that amounted to harassing the complainant and also landing him in a financial loss, as he was still paying interest to the bank for the deposited money.

http://timesofindia.indiatimes.com/city ... 783595.cms

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