Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation
The State Consumer Disputes Redressal Commission, Haryana presided by Justice T.P.S Mann (President), Mr. S. P. Sood (Judicial Member) and Ms. Manjula (Member) held Ansal Properties & Infrastructure Limited liable for delay in possession of residential plot for several years. Further, the commission ordered refund and compensation for deficiency in service.
Brief facts:
The complainant purchased a residential plot from the original owner of the property on 18.05.2012. After paying Rs.40,02,721.20/- the plot was transferred to the complainant by transfer letter dated 12.06.2012 from Ansal Properties & Infrastructure Limited (respondent).
However, the complainant was falsely assured that the plot would be connected to a 45-meter road and it would be equipped with basic facilities.
Due to delay in possession, the complainant made several requests and also sent a legal notice but the respondent did not answer. Feeling aggrieved, the complainant filed a complaint in the State Commission.
Contentions of the Respondent:
Although the plot was purchased but the respondent contended that there was no direct agreement with the complainant. It claimed that possession of the plot and execution of sale deed would occur only after completion of development work.
Due to an injunction order passed on 16.04.2012, the possession was delayed. Further, the respondent denied that the entire amount was paid as Rs.1,33,115/- was still remaining.
The respondent acclaimed that they have provided all the basic amenities and thus, there was no deficiency in service on their part.
Observation of the State Commission:
The Commission noted that the complainant had all the rights as availed by the original owner. According to the buyer agreement, the possession of the plot was to be handed over to the complainant after completion of development. However, the respondent has delayed the possession for several years.
The commission held the respondent liable for deficiency in service as there was no possibility of delivery of the plot within the stipulated period.
Therefore, the State Commission directed Ansal Properties & Infrastructure Limited to refund the deposited amount of Rs.40,02,721/- with 12 % interest. Further, they were directed to pay Rs.1,50,000/- as compensation along with Rs.50,000/- as litigation costs.
Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & Infrastructure Limited & Ors.
Case No: Consumer Complaint No.481 of 2018
Date of Pronouncement: 10.12.2024