Builder directed to compensate for untimely allotment
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The UT District Consumer Disputes Redressal Forum has directed Ansal Properties and Infrastructure Ltd to pay Panchkula resident Indu Dhir Rs 10.71 lakh, along with interest at the rate of 9 per cent per annum and Rs 7,000 as costs of litigation for not allotting a house to her on time.
The complainant had paid the firm Rs 4.5 lakh after being issued an allotment letter for a shop booked by her, but did not receive a timely allotment. She was assured that the construction of the shop would begin immediately after the payment of the first instalment, and possession would be handed over before December 2010.
However, as per the complainant, the builders did not start the construction, till December, 2010. So, a legal notice was issued to the firm on March 5, 2012 to fulfil their commitment, but no reply was received from the complainant.
Dhir filed a complaint, and demanded that Rs 10.71 lakh deposited by her be refunded, along with interest and compensation.
But, the firm in it's reply had taken preliminary objections that the complainant had applied for allotment of a shop for commercial purpose, which was allotted to her, and not for personal use. Hence, she is not a `consumer' as per Section 2(d) of the Consumer Protection Act, 1986, and the complaint was not maintainable.
However, the company admitted that the complainant had paid Rs 10.71 lakh as per the plan, and an allotment letter was issued to her. But the complainant failed to make payment as per the schedule and was hence declared a defaulter.
According to the company, they continuously requested the complainant to make the balance payment, but the complainant failed to do so.
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