The National Consumer Disputes Redressal Commission (NCDRC) has directed developer Emaar MGF Land Ltd to compensate two buyers over ₹50 lakh for not giving possession of the plot within the stipulated time.
Upholding the order passed by the State Consumer Disputes Redressal Commission of Chandigarh, the apex consumer forum said, “We find force in the submission of the complainants that they cannot be made to wait endlessly for delivery of possession of [the] original plot, and at the same time the offer made by the developer regarding the alternative plot is not acceptable to them as it is in a different sector and area.”
Within six weeks
Dismissing the contentions put forth by the developer, the NCDRC had in its June 8 order directed Emaar MGF Land Ltd to compensate the complainants within six weeks.
Citing previous judgments, the NCDRC said, “This commission has laid down the principle that if the developer does not deliver the possession within the promised date of delivery, the discretion lies with the complainants whether they would like to wait and take delivery or seek refund of the amount. In this case, the fact is that the developer was not even in a position to deliver the original plot.”
Complainants Kishan Lal Manchanda and Vinod Manchanda had alleged that despite booking a plot in Mohali, Punjab, by paying over ₹47 lakh, the developer failed to deliver possession of the plot.
It was further alleged that the developer offered alternative plots that were unacceptable to the complainants. The developer also contended that “no specific time period” was mentioned in the contract.
