The State Consumer Disputes Redressal Commission of Chandigarh has directed a real estate firm and its directors to deliver actual physical possession of the unit in question and pay Rs 1.35 lakh to a city resident after failing to deliver the property in promised time.
The complainants, Sangeeta Sood and her son Karan Sood, had filed a complaint at the commission, seeking possession of the unit purchased by them from the realtor, Omaxe Chandigarh Extension Developers Private Limited, and its directors, in their project called “The Lake”, New Chandigarh, Mullanpur, Punjab, for an amount of Rs 99,88,760. It was stated that the realtor firm has failed to deliver possession of the said unit by July 31, 2021, as envisaged in clause 7.1 of the agreement for sale dated April 2, 2019, despite having paid Rs 86,18,552 for the period from January 23, 2019 to July 30, 2020. For making part payment out of the said amount, the complainants have availed housing loan to the tune of Rs 36,20,000 from the State Bank of India, vide Tripartite Agreement, dated April 19, 2019. It has been stated that still the firm is not serious in completing the development and construction work at the project site, which is causing a lot of mental agony, harassment and financial loss to the complainants, as they are forced to live on rent.
The Omaxe Chandigarh Extension Developers Private Limited and its directors in reply submitted that the complainants being investors did not fall within the definition of consumer.