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This is an archive article published on September 3, 2012

Real estate company told to pay over Rs 4 lakh to three complainants

The UT District Consumer Disputes Redressal Forum awarded compensation in three different cases against Omaxe Limited,this week,slapping the company with a total of Rs 4,93,200 as refund to the three complainants.

The UT District Consumer Disputes Redressal Forum awarded compensation in three different cases against Omaxe Limited,this week,slapping the company with a total of Rs 4,93,200 as refund to the three complainants.

All the three complaints were regarding one of the schemes of the company for allotment of residential plots under the project Omaxe Parkwoods Baddi-II. The project was to be developed at a land situated in the revenue estate of Chakka Baddi village in Solan district.

The three complainants were Mohali residents Tarun Jain and Vani Jain,and Solan resident Rekha Garg. It was alleged by the three that the real estate developers had projected in their advertisements in 2007 that the housing project was to be developed within a period of 15 months after initiation. Attracted by the promises,the three stated that they had applied for plots. While Tarun claimed to pay a total of Rs 3,00,700,Rekha said that Rs 92,000 were paid by her and Vani stated to have deposited Rs 1,00,500 with the developers.

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It was alleged by the complainants that discovered that no construction activity was going on at the spot and that the company had failed to develop the area,as per the projections made by them. According to the complainants,the company had not kept its promise to develop the area by laying roads,water lines,sewer lines and electric lines within the stipulated time.

They stated that,along with some other allottees,they had approached the builders and asked for refund of the amount deposited by them. The request was orally accepted by the representative of the builders at the time of receiving the request letters. However,they alleged to have not received any response from the company,thereafter,and consequently issued a legal notice in June 2010.

In their written reply,the company had submitted that their project was complete,but that the complainants had failed to pay the installments in time despite various reminders and it was pleaded that as per the terms and conditions,they were not entitled to any refund.

The forum was of the opinion that despite a period of four years having passed since the application for allotment of the plot was submitted by the complainants and payments being made by them,no work had ensued in the area,a fact supported by the photographs.

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The forum,thus,directed the company to refund the entire amount,along with an interest of nine percent from the date of deposit and an additional Rs 7,000 as

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