Consumer forum of Gurgaon, asked builder to make a refund
Consumer forum of Gurgaon, asked builder to make a refund
Recently, in one of the case consumer forum of Gurgaon has directed Delhi based real estate firm or developer to refund Rs 4.25 lakh to one of their home buyer who had purchased a flat at Bhiwadi location. In an order which was passed on March 20, 2015, Raj Kumar Tewatia, who is consumer court judge directed to Mtech Developers; as developer was found guilty as a breach in the contract. The contract was with Ashok Yadav, who is one of the residents of Baslambi in Gurgaon.
Why Consumer forum of Gurgaon asked builder to make a refund?
In April 2007, Ashok Yadav had made a payment of Rs. 4.25 lakh for a plot in Phase 1at Camellia Garden in Bhiwadi location. Mr. Yadav had sought a refund when Mtech Developers did not allot the flat or plot after more than two or three years, however developer had agreed to refund the whole money in eight equal and easy installments, but after making paying three installments builder suddenly stopped the payment without any prior notice and after that Mr. Yadav moved to court in the year 2009 as he was seeking for the payment of rest of the balance which was approx. Rs 2.65 lakh.
Current status of the case:
While reply to the notice of court, real estate builder had denied any kind of charges while asking the question to jurisdiction of the consumer forum to proceed the case in Delhi as developer has his satellite office in Delhi, but consumer forum rejected the plea of real estate builder as complainant was based in Gurgaon and because of the he is entitled to file a complaint in Gurgaon. By analyzing all the facts and figures it’s clear that real estate developer has adopted an unfair practice as they didn’t refund the entire amount.
Total compensation:
The complainant was for the refund of balance which was about Rs 2.65 lakh along with the desired interest rate which is at the rate of 9% from date of deposit. Apart from that entire complainant is awarded with the amount of Rs 30,000 as the compensation for mental harassment in addition he also entitled to get the expenses of Rs 11,000. The judge ordered that if the compliance will not to be made within 30 days, so developer need to pay the interest at the rate of 12% per annum.
