Bajwa Developers of directed to refund Rs. 10.2 lakh to a homebuyer for delay
The District Consumer Disputes Redressal Forum, Mohali has directed Bajwa Developers (Jarnail Singh Bajwa) of Sunny Enclave to refund the deposited amount of Rs 10.20 lakh and also pay compensation of Rs 35 thousand for not delivering the flat within a given time frame to a resident of Chandigarh named Sanjay Sharma.
Sanjay Sharma, the complainant, entered into an agreement on April 29, 2011 for the purchase of 1 BHK flat in Sunny Apartment Village, Sector 117, Mohali with Bajwa Developers. He had paid all installments except the last, which was to be paid at the time of delivery of the possession of the flat. The developer was to hand over the flat within three years from the date of the first installment. Sharma visited the firm on Otober 29, 2012 with last payment of Rs 1.8 lakh, but was refused possession of the flat.
Bajwa Developers failed to comply with the terms and conditions of the license and the provisions of Punjab Apartment and Property Regulation Act, 1995. As the builder failed in delivering the possession of the apartment within time, the complainant sent a registered application to Bajwa Developers for refund of the amount, along with e-mails. The complainant requested to be provided with a receipt of the amount by mentioning the same on a fresh agreement with same date. However, the builder retained the original agreement with it when the complainant requested for refund of the amount.
Bajwa Developers received the amount without getting any permissions and approvals as the builder had indulged in unfair trade practice and was liable to refund the amount along with interest, claimed the complainant. The firm filed reply in which it was alleged that the complainant had committed default in payment of installments.
Court, after hearing arguments of both the sides, directed Bajwa Developers to refund the deposited amount of Rs 10.20 lakh and also pay compensation of Rs 35 thousand to complainant.