RERA Punjab Tribunal awarded compensation in non-rera registered property for delay in possession against Tristar Infrastructures plus refund.
Judgement Digest: Gurdeep Singh v. Tristar Infrastructures
Case Briefing:
- Complainant Gurdeep Singh booked 2BHK floor and vide flat buyer agreement dated 09.02.2013 Unit no. 33GF. The unit was allotted to complainant in the project Tunis Premium Homes and possession was to be delivered by September, 2014 as per clause 18-A of the flat-buyer’s agreement.
- Complainant paid in all a sum of Rs. 22,00,000/- being sale price of the unit, but the respondent failed to deliver the possession to the complainant.
- Ex-parte evidence is given by the complainant.
Also Read- TRISTAR INFRASTRUCTURE RERA Punjab Complaint
Judgement of the case:
Notwithstanding the project is not registered with the RERA Authority, Hon’ble Real Estate Tribunal, Punjab considered the decision in case titled, M/s Silver City Construction v. State of Punjab & Others, complaints against unregistered projects were also maintainable before this bench.
The Hon’ble Tribunal considered the decision in case Neel Kamal Realtors Suburban Pvt. Ltd & another v. UOI & Others, it has been held that unilateral contracts of the prior period not being in accordance with the provisions of the Act are not enforceable to that extent and the provision of the Act would be applicable to cover up the ongoing projects.
Till 30.09.2019, the respondents were not in a position to deliver the possession. Therefore, the case is squarely covered within the mischief of the provisions of Section 18 of the Act and the respondents were duty bound to refund the amount of Rs. 22,00,000/- paid by the complainant.
Also Read- Minkashi Sharma vs Tristar Infrastructures on 16 January, 2020
Also, the respondents have been using the amount so paid by the complainant to them since the payments, so the respondents are also liable to refund the above said amount along with interest at the prescribed rate as per Rule 16 of the Act.
Under Section 72 of the Act, which speaks about the factors to be taken into consideration while adjudicating the quantum of compensation. Considering it in the present case, under the extent of mental agony, harassment and litigation expenses etc., the complainant is entitled of Rs.1,25,000/-.
The respondents are directed to pay the above said amount to the complainant within 60 days from the date of this order dated 01.04.2021.
Also Read- Gurdeep Singh v. Tristar Infrastructure and another | State Consumer Redressal Dispute Commission
For case specific advice, please connect with Top Best Expert Legal Consultants Attorneys in Real Estate/Property Estate/Consumer Court and Consumer Protection Dispute/ Consumer Grievances and Complaints/RERA Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
More on 99888-17966.
