The commission, which was made up of its president, Sanjeev Batra, and members Jaswinder Singh and Monika Bhagat, also mandated that BlackBerry Realcom Private Limited, situated in Gurgaon, pay the customers, Naveen Jain and his wife Ritu Jain, of Tagore Nagar, Rs 20,000 in court costs.
LUDHIANA: District Consumer Disputes Redressal Commission has ordered a real estate company to refund the advance payment of Rs 76.4 lakh, along with interest, to a Ludhiana-based couple for delay in handing them over a flat in Gurgaon.
The commission, which was made up of its president, Sanjeev Batra, and members Jaswinder Singh and Monika Bhagat, also mandated that BlackBerry Realcom Private Limited, situated in Gurgaon, pay the customers, Naveen Jain and his wife Ritu Jain, of Tagore Nagar, Rs 20,000 in court costs.
The complainants claimed to have reserved an apartment in August 2013, and on February 13, 2014, work began. They signed a contract in April 2015 and were given a studio apartment measuring 870 square feet and costing Rs 80.67 lakhs. The money was to be paid installments.
As per the agreement, the apartment was to be handed over to them within 36 months, or by February 13, 2017; if the firm failed to do so, it was liable to pay 9% interest as compensation to the couple. The couple also got a house loan of Rs 50.5 lakh in July 2015. Till 2018, they had paid Rs 79,10,741, including service tax, to the firm.
On July 28, 2018, the company finally sent the couple a letter for possession, but they demanded a refund. In December 2019, the business canceled the allocation and issued them five checks for the return sum. The pair sent a legal notification to the company in February 2020, but instead of cashing the checks, they filed a case in December 2020.
The counsel for the firm contended that it was the complainants who neglected to take the possession of the apartment and did not even encash the cheques.
The commission held that the complainants were entitled to compensation for deficiency of service and unfair trade practice on the part of the firm. It ordered the firm to refund Rs 76,40,016, along with 9% interest till June 30 , 2020, the date of issuance of fifth and last cheque.
In addition, it mandated that the refund be paid in full within 30 days of receiving the order copy or an additional 3% interest will be charged. This was done as a form of compensation. The panel said that the couple is also entitled to a Rs. 2.7 lakh tax refund.
