Real estate firm asked to pay over Rs 11 lakhs for deficiency of service
The realty firm accused of "deficiency of service" in the allotment of a flat at Greater Noida in Uttar Pradesh
Nov 07, 2014
Source : The Economic Times

 

NEW DELHI: The Delhi state consumer panel has asked real estate firm Omaxe Buildhome Pvt Ltd to pay over Rs 11 lakh to a retired Indian Airlines official after holding the realty firm of "deficiency of service" in the allotment of a flat at Greater Noida in Uttar Pradesh.

The Delhi State Consumer Disputes Redressal Commission (SCDRC), presided by judicial member S A Siddiqui, asked the firm to pay Rs 11.14 lakh to Secunderabad resident Pradeep Chaudhary.

Chaudhary had approached the Commission alleging "unfair trade practice" and "deficiency of service" on the firm's part and said that despite his strong opposition, the company, on its own, changed the location of the flat booked by him.

He had further alleged that the firm first asked him to take the flat in other Tower and on being refused to accept, it later illegally forfeited the deposited money after canceling the allotment.

The panel, in its order, said that in case of cancellation of the allotment, the firm should have returned the balance amount after deducting the forfeited money. However, it failed to do so and it amounted to "deficiency of service".

"We are of the firm view that complainant (Chaudhary) was entitled to refund of the amount deposited," it said.

The Commission, however, said that Chaudhary had defaulted in payments and hence, the firm was entitled to forfeit a sum of Rs 6.56 lakh.


"The complainant has also been subjected to a lot of harassment inconvenience mental pain and agony and therefore in our considered view he is further entitled to get Rs one lakh as compensation. He will further be entitled to get Rs 20,000 towards costs of litigation," it said.

Chaudhary had said that he had applied for allotment of a flat in the firm's upcoming project at Greater Noida in September 2006 by paying Rs 6,40,000 as initial payment.

He paid Rs 16.51 lakh, out of total Rs 42.43 lakh, over a period of a few years to the firm, the plea said, adding that the firm changed the location of allotted flat.

Chaudhary later came to know that allotment of his booked flat had been cancelled and the firm forfeited the money. The firm opposed the plea saying it was not maintainable.

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