Consumer court orders builder to refund booking amount

Mubarak Ansari
Monday, 14 May 2018

Pune: The district consumer forum has ordered city-based Vericity Landmark Promoters Pvt Ltd and its director to refund Rs 15 lakh booking amount to three complainants, as the builder failed to get sanctions for the promised bungalows in Raigad district.

Vijay Pawar of Sinhgad Road, Ashwinkumar Joglekar of Karve Road and Swati Kishor Vaidya of Ambegaon had filed the complaint against the builder. 

Pune: The district consumer forum has ordered city-based Vericity Landmark Promoters Pvt Ltd and its director to refund Rs 15 lakh booking amount to three complainants, as the builder failed to get sanctions for the promised bungalows in Raigad district.

Vijay Pawar of Sinhgad Road, Ashwinkumar Joglekar of Karve Road and Swati Kishor Vaidya of Ambegaon had filed the complaint against the builder. 

As per the complaint, the builder had advertised a project called ‘Vardhan Waves’ at Kherdi in Shrivardhan taluka of Raigad district. It was a bungalow plot project. The complainants contacted the builder and booked the plots. The notarized agreements had been executed by the builder in favour of the complainants in Pune. The company had taken responsibility to obtain the NA permission and had agreed to provide the amenities like roads, electricity supply and water supply to every bungalow plot.

Accordingly, Pawar had paid Rs 4.26 lakh while Joglekar paid Rs 6.45 lakh and Swati had paid Rs 4.35 lakh to the company and had requested the builder to execute the registered agreements of these plots.

However, the builder failed to do so even though he had agreed to provide sanction plan within 2-3 months from the booking of the plots. 

As they found that it was uncertain whether they would get possession of the plots, they cancelled the transaction and asked the builder to refund the booking amounts. However, even after repeated attempts, the builder did not refund their amount, and hence they moved the forum last year.

The forum judgement states, “The opponents (company and builder) have not disputed documents submitted by the complainants. Accepting the same, it is held that the complainants are entitled to the amounts. The opponents have not produced the document showing that the scheme/project has been sanctioned and they completed the legal formalities before starting booking of the plots and accepting the money from the complainants. This amounts to unfair trade practice because in addition to this, they have not even delivered the possession of the plots to the complainants even after the agreed period had lapsed. Not only this, the opponents withhold the money of the complainants for their personal gain. Thus, it is held that the complainants are entitled to the compensation and the interest on the money, which the opponents received from them towards consideration of the plots.”

The builder has to refund the amount with nine per cent interest since it was accepted. Apart from this, the builder also has to pay Rs 30,000 compensation to each complainant. 

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