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Consumer: Compensating lady for non-delivery of flat




The relation between property developers and the normal citizen can become tense very soon; it should be a normal commercial relationship, but in many cases, due to wrong behavior by the property developer, the citizen feels totally helpless. After all, if the property developer delays giving the property or the flat, the owner can feel very distressed. The owner does not want to push the case since he / she does not want to receive the property without the property (and the facilities / surroundings) being completely ready. In such cases, a consumer forum is a good way to receive relief if the property developer is at fault:

Empowering a distraught woman, whose only son died before moving into the house he had so fondly booked, UT consumer forum, in a rare judgment, directed Orbit Apartments to pay damages of Rs 38,000 per month until handing over of possession. The forum, headed by Jagroop Singh Mahal, also awarded Rashmi Mittal of Phase V, Mohali, Rs 25,000 as compensation and Rs 5,500 towards litigation costs.
In its reply to forum’s notice, Orbit Apartments stated it had no objection in handing over possession if the balance amount was paid and IHFL permitted the transfer of the flat in the complainant’s name. IHFL, in turn, pleaded that it had paid all due instalments to the builder on Deepak’s behalf but, according to the agreement, the last instalment was to be paid at the time of the developer handing over possession. The forum then asked the bank to promptly issue a no-objection certificate in favour of Mittal.

Typically, a lot of property developers are not well developed in the manner of how to handle customer grievances and could-shoulder (or otherwise do not give a proper hearing) the customers, leading to a lot of ill-will, and the customers getting badly impacted.




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