The district consumer disputes redressal forum has ordered M/s BCL Homes Limited, Dariya, Chandigarh, & 3 directors to refund ₹5.25 lakh & pay ₹ 50,000 as compensation to two Zirakpur residents for deficiency in service.
Ratnish Garg & his brother Munish filed a complaint saying that they jointly booked 2 three-bedrooms flats with the company (opposite parties) in their upcoming project, Chinar Homes, at Kishanpura, Zirakpur, in March 2013.
Ratnish & Munish Garg said they paid ₹5.25 lakh & the company issued them a letter stating that they were eligible for twelve draws for allotment of flats over a period of a year.
Adding that it amounts to deficiency in service & unfair trade practice, the brothers told the Court that “It was also mentioned that if we were not successful in any of the monthly draws, the registration amount would be refunded after a year with 15% interest. But, the opposite parties (the company) failed to fulfil their promise despite repeated requests & personal entreaties".
The company & 2 directors in their written statement pleaded that the complainants are “Speculative buyers & claimed the refund on account of prevalent property prices which have come down.”
They added that the possession of the fully developed project could not be offered on account of force majeure conditions which were beyond the control of the opposite parties.
“The opposite parties have the complainants’ money for a long time & have failed to redress their grievances. Neither of the opposite parties have refunded the money or offered possession till date. Hence they are liable to pay back the amount deposited,”the forum observed.
It ordered the company & 3 directors to jointly refund ₹5.25 lakh along @9% interest per annum from the respective dates of deposit, till its realisation; & to pay ₹50,000 on account of deficiency in service & causing mental & physical harassment to the complainants; & ₹10,000 as litigation cost.
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