Builder to refund allotee’s money for changing original plan of project

The District Consumer Disputes Redressal Forum has directed SMV Agencies Private Limited of the Jaipuria Group Real Estate Division to refund Rs 3.92 lakh along with 12 per cent interest to an allotee who was forced to cancel his booking owing to a change in the layout by the builder.

Written by Express News Service | Chandigarh | Published: February 19, 2009 2:00 am

The District Consumer Disputes Redressal Forum has directed SMV Agencies Private Limited of the Jaipuria Group Real Estate Division to refund Rs 3.92 lakh along with 12 per cent interest to an allotee who was forced to cancel his booking owing to a change in the layout by the builder.

Mukat Bihari Jain,a resident of Sector 48,approached the consumer forum alleging deficiency in services on part of the company and sought refund of the money deposited by him for booking the flat.

Jain said,during the time of booking,he was assured that the possession would be given within two years.

He said without any information or consent,the builder changed the original layout of the project. Moreover,on further inquiry,it was found that the requisite licence from the Pollution Control Board for the said project was also not obtained. Jain thus decided to cancel his booking and requested refund of the amount deposited by him.

The company stated in its reply: “Since the project was at the conceptual stage,it was made clear to Jain that all building plans,specifications and layout plans were tentative and subject to variations and modifications by the company or a he competent authority.”

“These terms and conditions were drafted by them later on to justify the changes made by them unilaterally. These are not signed by the complainant and,therefore,cannot bind him nor would these authorise the company to change the lay out plan,” the forum held.

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