The New Delhi District Consumer Disputes Redressal Forum, headed by C K Chaturvedi, held AJS Builders guilty of cheating the couple and rendering deficient service to them.
"We hold the opposite party (builder) guilty of total deficiency, cheating and causing disappointment to the complainants and not refunding the money collected from the complainants," the forum said.
"Documents placed on record clearly establish the evidence that the AJS Builders played with hopes and expectations of the complainants, played with their money, to cheat them by promising something which was not possible," it added.
The order came on the plea of Spencer Cruz and Ajitha Spencer, who had said they had paid Rs 9,27,050 to the builder for a flat in its Hill View Apartment project in Gurgaon.
The couple had said despite making all the payments demanded by the firm, the construction of the residential project had not even begun after considerable lapse of times.
The firm in its defence had contended that construction of the project is in progress, but there was some delay initially because of non-payment of instalments by investors including the claimants and also due to recession in real estate sector.
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The firm also said it had the right to forfeit the amount deposited by the claimants as they had not fulfilled their obligations under the contract to pay the instalments.
The forum, however, rejected the firm's contention and directed it to return Spencers the sum of Rs 9,27,055 and to pay compensation of Rs 50,000 for harassment and inclusive of litigation charges. PTI HMP RAX