State Consumer Forum has ordered a real estate company to pay Rs 1,00,000 as compensation for mental agony and hardships suffered to the plaintiff in a case of deficiency in services.
The hearing chaired by president of forum SD Agrawal and member Monika Malik ordered Navkar Real Estate to pay the amout to Swati Chavhan and Jayant Chavhan, daughter and son of late UM Chavhan.
The plaintiff had filed the case citing deficiency in services on the part of the opposite party in not completing the construction and handing over the possession of the flat even after receiving 80% of the total consideration within prescribed time limit.
“We had booked flat in newly launched township named Park Serene on September 30, 2011 and entered into an agreement for a 3 BHK flat fully air conditioned with modular kitchen at Apollo-2 Tower,” said plaintiffs.
Further, it was noted that opposing party had offered to deliver the possession of the same within one year of the said agreement.
The plaintiffs were promised possession of the flat by October 24, 2012, i.e. before Dusshera and considering the same plaintiff took loan from HDFC bank. Hence, it became tripartite agreement on December 16, 2011.
“Indemnity bond of delivering it in 20 months instead of a year was signed with the mentioned cost of the flat as Rs 21 lakh,” plaintiffs said.
Plaintiff had paid Rs 18,87,500 till Jan 2012 and received allotment cum acceptance letter issued by opposite party.
“The letter specifically provided that the plaintiff shall be liable to pay to the developer (opposite party) interests@ 24% per annum on all amounts due and payable to them, if the amount is outstanding for more than seven days,” plaintiff said.
Hence, plaintiff also claimed the same interest rate. However, it was not accepted.
As per the hearing, principal amount Rs 3,54,514 and interest Rs 3,62,621 was pending to be paid to bank by plaintiff till March 31, 2016.
In their first attempt to get possession of the promised flat, plaintiff had issued a registered notice demanding possession of the said flat on June 23, 2014.
“This clearly shows that the opposite party is not only deficient and negligent in delivering of the flat to the plaintiff but has also committed unfair trade practice,” said plaintiffs.
After hearing the case, the forum asked the opposite party to refund amount Rs 18,87,500 along with interest at 12% per annum from the date of last instalment paid by the complainant till realisation.
Further, the opposite party has to pay Rs 1 lakh as compensation for mental agony and Rs 10,000 as a cost of litigation.