Skip to main content

DLF ordered to pay Rs 6 lakh to buyer in failed project

Real estate firm DLF has been asked to pay Rs 6 lakh to a man, who had booked a flat in its project which failed to take off, by a consumer forum here which held it guilty of deficiency in service and "unfair trade practice".

"...we hold opposite party (OP) guilty of deficiency and unfair trade practice in not refunding the deposit. We direct OP to return Rs 5 lakh...and pay compensation of Rs 1 lakh for harassment, deficiency and litigation expenses," New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, said.

It noted that it was one of the many cases against the construction company with regard to its failed project and directed DLF New Gurgaon Homes Developers Pvt Ltd to pay the money to Gurgaon-based Ashesh Nanda.

The forum's bench, also comprising member S R Chaudhary, held that once the project has failed, there is no question of consumer being forced to continue with booking for such a project as it was "only imaginary castle building".

"This forum has already in number of cases of this project of opposite party has ordered refund of provisional deposit, after holding that once the project has failed, there is no question of consumer being forced to continue with booking for such a project for lay off... The provisional booking without anything moving forward in reality is only imaginary castle building and unfair trade practice," the forum said. Nanda had told the forum that he had made provisional booking in company's New Town Heights project in Gurgaon by depositing Rs five lakh on March 31, 2008.

The company denied the allegations saying that the exit option was not available to Nanda as he had not deposited a part of his payment.

Article referred: http://timesofindia.indiatimes.com/city/gurgaon/DLF-ordered-to-pay-Rs-6-lakh-to-buyer-in-failed-project/articleshow/40725897.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...