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Chandigarh: Builder told to pay Rs 3 lakh fine to Sector 22 resident for allotting flat in incomplete project

The commission asked the company to pay another compensation of Rs 1 lakh as cost of litigation.

By: Express News Service | Chandigarh |
August 28, 2016 4:42:00 am

The State Disputes Redressal Commission asked a real estate company to pay a compensation of Rs 2 lakh for allotting a flat in an incomplete project to a resident of Sector 22.

The commission asked the company to pay another compensation of Rs 1 lakh as cost of litigation.

The commission held, “Amandeep deposited her hard earned money with the company and was offered possession of the plot on July 3, 2015 after a delay of 11 months.

After taking the possession the complainant faced a lot of problems, due to lack of amenities etc. and, as such, actually possession of the plot, in question, stood handed over to the complainant on May 31, 2016, in our opinion grant of Rs 2 lakh compensation would be just and adequate, to meet the ends of justice.”

The complainant, Amandeep Kaur, was initially allotted a plot in Hyde Park, New Chandigarh, and a letter was issued on March 31, 2011, on payment of the initial booking amount of Rs 12 lakh.

After the allotment, the complainant came to know that the said plot was preferential plot, therefore, preferential charges of Rs 9 lakh was required to be paid.

The complainant had made no request for the allotment of preferential plot. So, the complainant represented letters and requested to withdraw the demand of preferential charges.

Thereafter, on the repeated requests of the complainant, the company issued a revised allotment letter dated on April 12, 2012, in which the plot was changed.

In the aforesaid letter, it was specifically mentioned that all the payments already made by the complainant would stand transferred in the new account. The possession of the plot was supposed to be given by the company within 24 months from the date of allotment. However, the possession was given after a delay of 28 months.

It was further stated that the basic amenities like 24 hours water and electricity supply, car parking, ATM, club house, pool side café, tennis and billiard court, internal spine roads are missing.

The company offered the conditional possession of the plot after registration of the conveyance deed, payment of stamp duty, electric charges and club membership.

According to the statement of account attached with the said letter, the company further demanded Rs 20.41 lakh within 15 days. The complainant then filed a case in the consumer courts.

In its reply, the company said that the complainant had been allotted another plot, but on the request of the complainant the allotment of the plot was transferred to another location.

It was further stated that the complainant after signing of the agreement made a request for change of plot location and due to this process, the signing of the second agreement got delayed.

It was further stated that offer of possession was sent to the complainant along with final statement of accounts, in which, Rs 20,41,614.26 was demanded from the complainant, which, balance payment, EDC, taxes, electrical charges, registration charges were indicated and every demand has been fully explained in the agreement that these charges were to be paid at the time of handing over of possession.

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