Builder told to pay damages for delay in handing over flat

However,the complainants accused Uppal’s of breaching the agreement by incorporating clause 16 in the terms and conditions,according to which,the possession was to be handed over in March 2009.

When the complainants sought information under the RTI Act,they were astounded to find that the completion certificate applied for by the builders had been rejected on technical grounds.

Appalled,the complainants sent a legal notice to the builder in May 2009. The complainants alleged that the builder’s act amount to deficiency in service and unfair trade practice.

In its reply,Uppal’s stated that they had submitted the building plans to the Chandigarh Administration well within time,but the authorities delayed the matter at various levels by raising baseless objections.

They further stated that the possession of the flat could not be offered on account of the global recession coupled with technical and legal hurdles.

The builder,however,added that the building plans were recently sanctioned and he would be in a position to hand over the possession of the flat in question some time in March 2010.

After taking into consideration both the parties’ account,the forum decided the case in the favour of the complainants.

“It is common knowledge that the builders first give fanciful advertisements to attract gullible investors and receive enormous amounts from them,but thereafter do not stick to the schedule of construction. It is indeed an unfair trade practice on the part of Uppal’s,” read the order.

Commenting on the delay in sanctioning of the building plans as cited by the builders,the forum stated: “Their (Uppal’s) contention is that the Chandigarh Administration kept delaying the sanction of the building plan and it appears the building plan had not been sanctioned at the time it issued the advertisement. They were,therefore,telling lies to the public when they issued the newsletter to mislead customers into believing that the building plans had been sanctioned.”