Gurugram District Consumer Disputes Redressal Commission has directed Raheja Developers Ltd. to refund Rs 28,60,483 of the deposit amount paid by a customer to book an apartment in their project, along with a compensation of Rs 1.55 lakh and litigation expenses.
In the June 6 order, the Forum, presided by Sanjeev Jindal, president and members Jyoti Siwach and Khushwinder Kaur said, “If the opposite party – Raheja Developers- fails to refund the full deposit amount with an interest at the rate of 9 per cent per annum from the date of deposit within next 45 days, it will have to pay an interest at the rate of 12 per cent per annum till the realisation of the amount.”
The complainant, Nand P Rohera, Pradeep Nandlal Rohera and Namrata Pradeep Rohera of New Rajinder Nagar, New Delhi jointly had booked an apartment measuring 1,920 sqft in Raheja Developers Ltd. project named ‘Raheja’s Shilas in Raheja’s Atharv’ costing Rs 89,38 lakh.
The complainants paid Rs 28,60,483 through different cheques till June 28, 2011.
However, due to the death of one of the allottees Pradeep Nandlal Rohera on June 1, 2015, the remaining two joint owners faced financial crises and requested the developer to revoke the Flat Buyer Agreement-Raheja Shilas on July 27, 2011, as they were not in a position to pay further due installments and request to return the full amount paid by them.
However, the developer refused to refund the money and replied that the matter of refund, if any, could only be proceeded as per thr terms and conditions of the Agreement to Sell following which the complainant approached the consumer forum.
Meanwhile, the builder proceeded ex-parte on August 29, 2022, by not opting to appear before the forum.
The complainants further averred that as per Clause 4.2 of the “Flat Buyer Agreement-Raheja’s Shilas” relating to “Possession Time and Compensation”, the seller had to give possession of the said Apartment to the purchaser within 24 months from the date of execution of the said agreement with the free grace period of 6 months, in case the construction was not completed within the time frame.
The said agreement further stated that if the builder failed to complete the construction of the said apartment within 24 months with a grace period of 6 months from the date of execution of the said agreement, then, the seller was liable to pay the purchaser the compensation at Rs 7 per sq ft of the super area per month for the entire period of such delay.
Though, as per the “Flat Buyer Agreement-Raheja’s Shilas” the possession of the subject flat/apartment had to be given latest within 30 months thereby including the free grace period of six months plus 24 months from the date of execution of the agreement but, since then, even after the lapse of more than 9 years, the builder had failed to deliver the possession of the Apartment till the present day.
“Where the possession of the subject unit has not been delivered within the stipulated period, and, further, there was no possibility of it to be delivered in the near future, then in those circumstances, the complainants were not bound to accept the delivery of the possession in future, and therefore, they certainly become entitled to the refund of their deposited money along-with interest,” the court observed.
The forum ordered that the complainant be refunded Rs 28,68,483 (deposited amount) with 9 per cent interest per annum from the date of deposit and along with a compensation of Rs 1 lakh and Rs 55,000 as litigation expenses.
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