Consumer court directs firm to refund Rs 45 lakh payment after non-possession of flat

Mumbai | October 2, 2025 07:47 PM IST

2 min read

The complaint before the consumer commission said that two joint buyers had booked a flat in Wadala at Rs 71.72 lakh in 2014 and paid Rs 45.35 lakh towards part payment. (Express Photo/ Representative)

A state consumer disputes redressal commission directed a property company and its directors to refund a part payment along with 9 per cent interest after failing to give possession of a flat to a buyer.

The complaint before the consumer commission said that two joint buyers had booked a flat in Wadala at Rs 71.72 lakh in 2014 and paid Rs 45.35 lakh towards part payment. They were however not given possession of the flat. They then sent the company a notice in March 2018 to which they did not receive any response. In August 2018, they received a letter from the builder which said that their allotment was being cancelled due to several legal and technical difficulties. The paid amount, however, was not refunded, after which the couple approached the commission.

The property firm opposed the complaint claiming that they had offered the refund along with a 9 per cent interest rate as agreed at the time of the booking but the couple had refused, wanting more interest. The firm claimed that the couple had approached the commission to fulfil their demands against the agreed upon terms of refund and they were, even today, willing to refund at 9 per cent interest.

The commission in an order on September 29 held that the cancellation of the allotment and not being given possession of the flat shows that the builder had committed deficiency in service and unfair trade practices. The commission noted that the firm was ready to refund the amount along with a 9 per cent interest to which the complainant too had agreed to. The commission directed the payment in 30 days along with 9 per cent interest from the date of receipt.

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