Builder ordered to refund 28.42L to flat buyer for delay in possession
The complainants, represented by advocate Akhil Dave, stated that they booked a flat in the developer's Vadodara project in 2012, with possession promised by April 2016 under the terms of the agreement.
They paid Rs 6 lakh via cheque and the remaining Rs 22.42 lakh through a private bank loan. According to the agreement, the disbursal of the loan amount was to be linked to the construction progress. However, after the first installment, the bank released the entire amount to the builder prematurely.
Despite receiving the full amount, the company failed to deliver the flat by the stipulated date, prompting the Desais to file a complaint with the state consumer forum in April 2019, citing deficiency in service and unfair trade practices. They sought a refund with 12% interest.
The commission noted that the builder group did not respond to the notices or contest the case. Based on the complainants' evidence, the forum ruled in their favour, ordering the builder to refund Rs 28.42 lakh along with 12% interest from the date of complaint filing.
Additionally, the forum awarded the complainants Rs 50,000 in compensation for mental agony and inconvenience caused.
"We have filed an execution application in the forum as the builder has yet to comply with the order," said Dave.
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