CHANDIGARH: The state consumer disputes redressal forum here directed Puma Realtors to pay Rs 1.73crore to four complainants for failing to complete and deliver flats within the stipulated time. They were also asked to pay the interest on the amount and compensation to all four complainants.
The facts involved in the four complaints, by and large, were the same and therefore, the aforesaid complaints were disposed of, by passing one consolidated order. To dictate the order, facts were taken from Lt Col Inderjit Kaur's complaint. In the complaint, Kaur stated that they booked a flat in the project Ireo Rise, situated in Sector 99, SAS Nagar, for residential purpose. As per the contract, the flat was to be delivered after 30 months, but the stipulated period expired on June 19, 2014, and the grace period of 180 days expired on January 19, 2015.
It was stated that the complainants visited the site and found that there was no development, in which, the unit allotted to them was situated and even the construction was behind schedule. Realtors, in their reply, stated that building plans were approved on January 18, 2012, and so the starting period for 30 months would not be the date of the said agreement, but would be January 18, 2012. It was stated that since the development of the site and construction of the apartment, in question, was already completed and ready for possession, they applied for partial completion certificate on December 22, 2016, with respect to two towers, in which the apartment of the complainants was situated and expected to be issued shortly.
It was added that the realtors are very likely to issue the offer of possession of the apartment, in question, along with the liquidated damages to the complainants in the near future on receipt of said partial completion certificate. They also said that the complainants defaulted in making payments. The forum after hearing both sides stated that since building plans were approved on January 18, 2012, 30 months period for handing over possession expired on July 17, 2014, and till this date there was no significant default on the part of the complainants. Forum held that there was an inordinate delay in delivering possession.
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