Real estate firm to pay over Rs 35L for deficiency of service

The Delhi Consumer Commission has asked a real estate firm here to pay over Rs 35 lakh to a man for non-completion of project, in which he had booked a plot, even after three years from date of promised delivery of possession, saying it "amounts to deficiency of service".
The Delhi State Consumer Disputes Redressal Commission, presided by Judicial member S A Siddiqui, asked TDI Infrastructure Pvt Ltd to pay Rs 35,80,000 to one Amar Singh Pahal, noting that "it can also be taken as indulgence in unfair trade practice".
"...It would be in the large interest of justice that the amount deposited by complainant is refunded back...He should also be adequately compensated for the harassment, mental pain and agony.

"Non-completion of project even after three years from the date of promised delivery of possession definitely amounts to deficiency of service on the part of Opposite Party (firm). It can also be taken as indulgence to unfair trade practice," the commission said.
In its order, the commission also added that a consumer cannot be made to wait indefinitely on whims and fancies of a builder.
"The OP is directed to refund a sum of Rs 35,20,000...The OP further directed to pay a sum of Rs 50,000 as compensation for mental pain, agony and harassment. OP will also pay as sum of Rs 10,000 towards costs of litigations," it added.

Pahal had contended before commission that in May 2006, he had paid Rs 35,20,000, which was 80 per cent of total cost, for a shop in firm's commercial proposed project at Kundali, Sonepat, Haryana, which was to be completed by February 2009.
However, the firm did not handover the possession of the unit till date and made false promises.