Realty firm to pay for delay in handing over studio
HT Correspondent CHANDIGARH: The District Consumer Disputes Redressal Forum, held a developer deficient in services for failing to hand over possession of a designer studio despite assurance. They have been directed to pay Rs 50,000 as compensation to Aanchal Goyal, a Sector 35 resident.
Goyal had moved the consumer forum against a Sector 34 based Chandigarh Overseas Private Limited (COPL), a company promoted by a group of developers and Greenfield Sites Management Private Limited.
The consumer forum directed the developers to pay, jointly and severally, Rs 7.5 lakh as compensation as per the clause along with Rs 10,000 as cost of litigation.
Goyal, in her complaint maintained said that having a diploma in fashion designing, with an intention to start her own business, she applied for a unit in their small investor scheme under the name and style of Industrial Knowledge (Fashion Technology) Park, Sector 90, SAS Nagar, in October 2006.
The total cost of the unit allotted to the complainant was Rs 5 lakh.
Goyal said that as per the agreement she was eligible for the buyback option. She claimed that the project was to be completed between June 30 to December 30, 2010; but the same was not completed.
As per the agreement the developers were required to pay a compensation for delay in construction from January 18, 2010.
Goyal also claimed that the developers had neither given the possession of the unit in question nor paid her the buyback money.
The developers - Chandigarh Overseas Private Limited (COPL) and Greenfield Sites Management Private Limited - failed to turn up despite notice, thus they were proceeded against exparte.
The consumer forum while holding the developers deficient in services held, "The nonappearance of the developers despite notice show that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go un-rebutted and un-controverted. As such, the same are accepted as correct and the deficiency in service is proved."