Ludhiana Consumer Commission orders builder to refund ₹32 lakh to homebuyers over 4-yr delay
Possession promised in 2022 had still not been offered; buyers not bound to wait indefinitely.
Published
00Background
The complainants booked a flat in 2019 and paid ₹32 lakh. The agreement promised possession by March 2022. No occupation certificate had been obtained when the complaint was filed.
01Submissions
For the complainants
The delay is deficiency in service under S. 2(11). They seek refund with interest rather than a flat they cannot occupy.
For the builder
Delay was due to the pandemic and approvals. The agreement caps delay compensation, and the buyers should take possession when offered.
02Observations
The Commission allowed the pandemic period as a reason for part of the delay but not for four years, and held that a delay-compensation clause drafted by the builder could not bind buyers to wait without end.
03Findings & directions
- Builder to refund ₹32 lakh with interest at 9% a year from each date of deposit.
- ₹50,000 compensation and ₹15,000 litigation costs.
- Payment within 45 days of the order.
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