Consumer panel orders Rs 2.43 crore refund to home buyer, slaps Rs 5 lakh on realtor

New Delhi, Jan 9 (PTI) The Delhi State Consumer Disputes Redressal Commission has directed a real estate developer to refund around Rs 2.93 crore to a consumer for failing to deliver possession of flats.

It also imposed a fine of Rs 5 lakh on the realtor for causing mental agony and harassment.

Commission's president Sangita Dhingra Sehgal and judicial member Pinki were hearing the complaint, which alleged the realtor failed to provide possession of three flats in a Gurugram project.

According to the complaint, the buyer had paid about Rs 2.43 crore for the flats in 2013.

In an order on December 19, 2024, the commission said neither the possession was given to the prospective buyer nor was the developer in a position to do so.

The commission rejected the realtor's argument that the consumer body did not have jurisdiction over the matter.

"It is clear that the opposite party failed to hand over the possession of the said units in question even after the passing of more than 11 years from the date of the first memorandum of understanding (MoU) dated July 24, 2013. Therefore, the deficiency stands proved," it held.

It also rejected the arguments of the realtor about not applying for the occupation certificates owing to the ongoing Dwarka Expressway construction and multiple stoppages between 2016 and 2019 due to various government and court orders.

The commission said the complainant couldn't be made to wait indefinitely to take the possession as the construction was still incomplete.

"We hold that the opposite party is deficient in providing its services to the complainant. It had given false assurance with respect to the time for completing the construction of the said units and kept the complainant’s hard-earned money for many years," it said.

It directed the realtor to refund around Rs 2.43 crore along with Rs 5 lakh costs for causing mental agony and harassment to the complainant besides Rs 50,000 in litigation costs. PTI MNR AMK