Mohali District Consumer Forum orders Bajwa Developers to refund Rs. 34.08 lakhs to six clients
The District Consumer Redressal Forum has directed Bajwa Developers, a Mohali based realty firm, to refund money amounting to Rs 34.08 lakh as well as pay a compensation of Rs 2 lakh, both with interest rates to six clients. Six consumers from different locations have filed complaints against Bajwa Developers located in Sunny Enclave, Mohali alleging delay in timely handing over of flats. The six cases of the complainants had come from Himachal Pradesh, Chandigarh, Punjab and Rajasthan. The nature of the complaint in all the cases was similar as each of them had booked a flat with Bajwa Developers, who had agreed to sell the residential plot to the complainants in 2011. According to the complainants, they had paid the amount as per the area of the flat and as per the agreement, initial instalment of Rs 3 to 6 lakh to the developers in 2011 was paid. Thereafter, Bajwa Developers agreed that possession of the flat will be handed over in 2012 and for this the sale deed was also to be handed over within 10 days. However, when complainants visited the company’s office, they were given excuses. On enquiring the matter, they found that Bajwa Developers lacked necessary permission and approval from the authorities before executing the buyer's agreement and receiving the payment from the complainants. The complainants had sent legal notice to the firm but to no avail and finally they approached the court to get justice. Bajwa Developers failed to show any progress of the construction site and proof of handing over of the possession of the flats to the complainant before the court. Though the counsel of the Bajwa Developers while filing the reply before the court denied all charges, he further pleaded that complainants had committed default in making payment of instalments as per agreement. The counsel also argued that they had all the necessary approvals and sanctions for the project in question and there is no deficiency in service on the part of the firm. The court after hearing arguments said directed the firm to refund the deposited money to all the complainants and also directed to pay compensation of Rs 35,000 to each complainant.
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