The National Consumer Disputes Redressal Commission also directed the realtor to pay Rs 25,000 to each person who had bought a farm under its Pushpanjali Farms Scheme and also directed it to pay Rs five lakh as cost to the association which represented the buyers / customers.
"The country club was projected and committed as a special feature of the Pushpanjali Farms, marketed by the opposite party (API). The commitment to provide it has been admitted by API. Therefore, failure to provide it for nearly 15 years and the subsequent unilateral decision to withdraw this commitment, are both highly unjustifiable.
"This conduct of API amounts to deficiency in service and an unfair trade practice. Considering the time that has elapsed since the commitment was made and unilaterally withdrawn, we direct API to pay compensation of Rs 25,000 to every purchaser of a farm in this project, whose sale deed was registered on or before the date of complaint.
"We direct API to pay a sum of Rs 100 lakh as punitive damages. This shall be paid into the Consumer Welfare Fund of the Central government, in terms of the provisions of the Consumer Protection Rules 1987 and pay a sum of Rs five lakh to the complainant (association) FORWA towards costs." a bench presided by Justice J M Malik said.
The NCDRC's order came on a complaint filed in 1995 by the Pushpanjali Farm Owners and Residents Association (FORWA) alleging non-provision of a country club and delay in completion of the developmental works under API's scheme of 1979. (MORE)