The district consumer disputes redressal forum, Panchkula, Thursday ordered Suncity Projects to pay over Rs 6 lakh to two complainants for deficiency in services. The money has to be paid along with interest at the rate of 9 per cent per annum. The builder has also been asked to pay Rs 50,000 as compensation to each complainant.
Savita Jyani and her son Tushar Jyani filed a complaint alleging that they had applied for a commercial site for their self employment and earning livelihood and deposited an earnest money of Rs 4.62 lakh through cheque in the name of Suncity Projects and also an amount of Rs 2.88 lakh through cheque in the name of M K Batta and Ashutosh Batta, both property dealers, but the agreement was never executed between the two parties.
The complainant requested the property dealers many times for execution of the agreement but to no avail. Thereafter, the Suncity Project vide their letter dated August 3, 2015, informed the complainant that due to certain circumstances, their association with the land owner, that is, Krishang Builtech Pvt Ltd had been terminated and they were no more associated with the project and the same had been taken over by Krishang Builtech Pvt Ltd.
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If the complainants wished to continue with the booking, the invested money should be transferred to Krishang Builtech Pvt Ltd. who should develop the unit and handover the unit as per terms and conditions of the allotment. They further informed that if the complainant did not wish to continue with the booking, the invested money would be refunded within 30 days from the receipt of the request without any interest. The complainants issued legal notice requesting the Suncity Projects to refund the invested amount alongwith interest for not abiding by the terms and conditions of the original allotment but to no avail.
In itsdefence, the builder submitted that the complainants were gave an option to take a refund. However, no response was received. The forum stated: “The builder do not have any right to retain the money of the complainant.”