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The State Consumer Disputes Redressal Commission directed a real estate firm to give compensation of Rs 2 lakh for not allotting a flat within the stipulated time to a resident of Mohali. Pronouncing the orders on March 10, the commission also asked the firm, Unitech Limited to refund Rs 62,29,870 along with Rs 33,000 as cost of litigation.
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The complainant, Dr Sulakhan Singh Bassi, stated in the complaint that he purchased a flat on the ground floor, in the project named Uniworld City, Mohali. The price of the project was Rs 62,29,870, which included basic price, external development charges, etc. The builder was supposed to give a compensation at the rate of Rs 5 per square feet per month if they were unable to give the possession of the flat by the stipulated date.
The real estate company had been asking Dr Bassi to deposit money time and again and he had deposited an amount of Rs 62,29870 for the booked flat. A part of the money deposited by Dr Bassi was through raising a loan of Rs 49,83,000 from a private bank.
Though Dr Bassi had made numerous requests to the builder to allot the flat, they failed to do so. After waiting for sufficient time, Dr Bassi purchased a flat in Army Flats, Phase 4, Mohali, on July 19 last year. He then served a legal notice to the builder in September 2016 and filed a case in the consumer courts in December 2016. In its reply, the real estate firm said that the commission did not have the territorial jurisdiction to take up the case.
Pronouncing the orders, the commission said, “It is held that since there was a material violation on the part of the builder, in not offering and handing over possession of the unit by the stipulated date after expiry of period of more than about five years, the complainants are entitled to get a refund of the amount deposited by them