The State Consumer Dispute Redressal Commission has directed Puma Realtors Private Limited to refund Rs 39.77 lakh with interest to two brothers after it failed to provide them a property in its housing project. The commission has also directed the company to pay Rs 1 lakh as compensation for mental agony, physical harassment, deficiency in rendering service and unfair trade practices and Rs 35,000 as litigation charges to the complainants, Sukhjeet Singh and Dharup Singh, residents of Rathia, Haryana. The complainants had applied for a residential apartment in the company’s housing project, IREO RISE, in Sector 99, Mohali, for personal use.
The total cost of the apartment was Rs 51,05,720. Initially, Sukhjeet and Dharup had deposited Rs 4,18,955 by cheque drawn in the name of State Bank of Patiala, Chandigarh, along with an application to book an apartment. After a receipt of the amount of Rs 4,18,955, the company had sent provisional letter of allotment to the complainants wherein it was intimated that they have offered the provisional allotment of residential apartment chosen by the complainants having super tentative area of 1609 sq ft, ground floor, Tower Juniper Court C in their aforesaid project, namely IREO RISE.
After this, when the complainants visited the project site, they found that there was no development and even on inquiry, the company officials failed to give any satisfactory reply. The complainants again visited the project site after some time and found that there was no development, which was required to be done by the company within 48 months from August 2011 as mentioned under the heading of Possession and Holding Charges of Apartment Buyer’s Agreement. Counsel for the complaints alleged that the company, instead of giving any satisfactory reply about development of the site, demanded more and more money from the complainants.
The complainants have also alleged to the commission that the company intentionally and deliberately took money from the complainants as well as from various customers and malafide got executed the apartment buyer’s agreement in August 2011 by keeping them in the dark as at that time the company was not having approval from competent authorities. It was further alleged that as per the apartment buyer’s agreement dated August 17, 2011, the respondents were to deliver possession of the apartment in July 2015 but there was no progress and due to delay in delivering possession, the complainants have to pay Rs 3,50,000 as rent.
Acting in the matter, the state consumer commission on August 1 directed the company and its director to refund the amount of Rs 39,77,477 to the complainants which was received from them. The commission has also asked the company to give along with interest of 12 per cent from the respective dates of deposits onwards of the complainants.
The commission has also directed that the amount awarded shall be paid by the company to the complainants within 45 days of getting a certified copy of the order, failing which the amount shall carry a penal interest of 15 per cent from the date of default.