A district consumer commission has ordered a developer to either give 12% interest on the refunded as well as the withheld amounts to the buyer or give another flat as the previous unit, which was booked by the aggrieved, was sold to another party for more profit. Passed on January 19 and made available recently, the order has to be complied within two months.
Woman had booked flat worth ₹1.65 crore
Rita Desai, a retired woman, and her family approached the commission against Rodium Properties and its executives, after she didn't get the flat which she had booked with her life savings. The woman had booked a flat worth ₹1.65 crore in Kandivali-based project 'X Point'.
The Desais paid ₹5 lakh booking amount in 2017 and paid up to ₹65 lakh by 2018. They sought more time to arrange a loan and later sold their property below the market rate to raise money for the dream house.
Developer sold flat to someone else for more profit
In June 2019, the developer sold the flat to someone else for more profit. While doing so, it didn't inform the complainants nor cancelled their allotment. Rodium also refunded only ₹46.12 lakh out of ₹65 lakh.
During the hearing, the commission observed that the sale of the flat for higher profit was done by the opposite parties without giving any notice to the complainants or without cancelling the allotment letter. It added that the developer had also not refunded the entire amount.
Consumer directs developer to pay ₹50,000 to complainant
“Opposite parties did not bother to issue receipts for the amounts received from the complainants for three months and didn't even give an allotment letter (for a significant period of time). This is deficiency of service towards the complainants,” underscored the commission.
It also directed the developer to pay ₹50,000 towards mental agony and litigation cost.
