The State Consumer Disputes Redressal Forum here has directed city-based Vardhman Infradevelopers to compensate a complainant by paying over ₹20 lakh for failing to deliver possession of an office space in Greater Noida within the stipulated period.
‘Deficiency in service’
While directing compensation, the consumer panel held: “Present is a clear case of deficiency in service and unfair trade practice on the part of the opposite party [developer]. Complainant is legally entitled to seek refund of the money deposited by him with the [developer] along with appropriate compensation.”
The directions came when Ghaziabad resident Pankaj Lal moved the consumer panel while alleging that despite paying over ₹20.65 lakh towards booking a flat meant to be used for official purposes, the developer had failed to deliver possession of the same.
“It is alleged that it was agreed and promised by the [developer] that possession of the said office will be handed over to the complainant on or before March 2015. However, it has not been handed over to the complainant as the building itself is not complete,” read the complaint.
The Bench further observed, “It is the admitted position that no offer of possession has been made by the developer even till the filing of the complaint. It is well neigh settled that after the promised date of delivery it is the discretion of the complainant whether he wants to accept the offer of the possession or seeks refund of the amount paid with reasonable interest.”
More compensation
While holding the developer deficient in services, the consumer panel also directed a compensation of ₹25,000 to be paid to the complainant.
