Construction firm fined for ‘wrongfully’ cancelling allotment of plot

The SAS Nagar Consumer Forum has imposed a penalty of Rs 1.5 lakh on a Delhi-based construction company for wrongfully cancelling the allotment of a plot to a Mohali resident. The forum has held TDI Infrastructure Ltd deficient in services as it made no progress in the development of a plot in an upcoming township […]

Written by Express News Service | Chandigarh | Published: October 11, 2013 1:01:10 am

The SAS Nagar Consumer Forum has imposed a penalty of Rs 1.5 lakh on a Delhi-based construction company for wrongfully cancelling the allotment of a plot to a Mohali resident.

The forum has held TDI Infrastructure Ltd deficient in services as it made no progress in the development of a plot in an upcoming township project as it had assured.

Sudarshan Kaur,a resident of Sector 69,had purchased the plot in 2008 from one Satish Mehta. While she paid Rs 14,87,500 to TDI Infrastructure,she was assured of being given the possession within three-four years.

When she visited the office of the firm in June 2010,she was told the delivery of the possession would be made in a couple of months. However,TDI failed to do the same despite Kaur writing many letters complaining about the non-delivery to the company. She even sent a legal notice to the firm,but no action was taken after which she filed a consumer complaint.

Meanwhile,TDI Infrastructure contended the allotment had been cancelled as Kaur did not follow the payment schedule and was supposed to deposit Rs 4,40,337 as the outstanding amount. It failed to prove that it had sent communications about the same to the complainant.

The forum ruled that ‘a valuable right of the complainant has been snatched away from her for clearing her outstanding dues’. It was further found the reduction in the plot size from 250 sq yard to 241.6 sq yard was made ‘unilaterally and arbitrarily’ and was unfair trade practice.

The forum directed TDI Infrastructure to withdraw the cancellation letter,restore the allotment and handover the possession of the plot to the complainant on receiving the outstanding amount of Rs 4,40,337.

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