Last Updated on June 3, 2018 by Legalseva.net
This time ‘ATS Green Golf Meadows’ has to face the music from Punjab State Consumer Dispute Redressal Commission for causing delay in possession of the unit to consumer who had approached the forum on account of deficiency in services.
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Facts
1 Applicant booked the plot in 2005. She paid 30 lacs as a cost of the plot
2 In April 2009, applicant was informed by builder that project is not approved and provisional allotment of plots could be made
3 Neither possession nor any progress was made on site.
4 In November 2012, builder asked applicant to pay EDC ( external development charges) plus 6.25 lacs was raised.
5 Builder alleged that applicant did not paid the EDC. Hence, she has filed the complaint in forum.
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Forums view
Punjab State Consumer Disputes Redressal Commission was not satisfied with the reply as the plots/flat was not delivered on time and asking EDC charges from customer was unjust and illegal.
Court Award
Punjab State Consumer Disputes Redressal Commission has asked ATS Infrastructure Limited Noida and ATS Estates Pvt Ltd Noida to refund 30 lacs to complainant with 12% interest, plus 21K as litigation expenses over and above 1lakh relief for delay in possession.
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Since the possession was not given on time the complainant has a right to withdraw from the scheme. It is clearly deficiency in services as held by the court.
See also- Builder Delaying Possession. What is your right?
Few Consumer Forum Decisions on Delay in Possession
1 Pay additional Rs. 2 lakh for delay in giving flat to homebuyer: MahaRERA asked developer in DNAIndia.com
2 MahaRERA issues first-ever recovery warrant against builder in DNAIndia.com
3 Unitech asked to refund over 1 crore to flat buyer for delay in handing over apartment in TheHindu
4 FIRM penalised for delay in possession of flat in TribuneIndia.com
5 Homebuyers should notice deficiencies before possession in TheHindu.com
6 Realty firm told to pay Rs 11 crore to 26 flat buyers in TimesOfIndia.com
Also Read- Legal Notice Before Consumer Complaint
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