Chandigarh Commission Orders Builder to Refund ₹60 Lakh to Homebuyer for Delayed Possession
Chandigarh: Builder directed to refund ₹60 lakh to buyer over delay
Hindustan Times
Image: Hindustan Times
The State Consumer Disputes Redressal Commission in Chandigarh has mandated SBL Builders Pvt Ltd to refund ₹59.83 lakh (approximately $72,000 USD) to a homebuyer due to delays in delivering a flat in Zirakpur. The commission also awarded interest and compensation for mental distress.
- 01SBL Builders Pvt Ltd must refund ₹59.83 lakh to a homebuyer due to service deficiencies.
- 02The refund includes 12% annual interest and additional compensation for mental agony.
- 03The builder argued that the buyer was an investor, not a consumer, and cited delays due to COVID-19.
- 04The commission rejected the builder's objections, emphasizing the delay in possession.
- 05If the refund is not made within 30 days, the interest rate increases to 15% per annum.
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The State Consumer Disputes Redressal Commission in Chandigarh has ordered SBL Builders Pvt Ltd to refund ₹59.83 lakh (approximately $72,000 USD) to Nitin Goyal, a homebuyer, due to delays in the possession of a flat in the Sushma Grande NXT housing project located in Zirakpur, Punjab, India. Goyal had booked the flat in 2017 for about ₹65.83 lakh and alleged that the builder failed to meet the promised timeline for construction and possession. He also claimed that the builder did not pay the pre-EMI interest as agreed, leading to financial distress. In defense, SBL Builders argued that Goyal was an investor and not a consumer, and cited the COVID-19 pandemic as a force majeure event for the construction delays. However, the commission found the builder deficient in service and directed the refund along with 12% annual interest from the date of deposit. Additionally, the commission awarded ₹75,000 as compensation for mental agony and ₹35,000 towards litigation expenses. If the refund is not processed within 30 days, the interest rate will escalate to 15% per annum.
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This ruling emphasizes consumer rights in real estate transactions, potentially encouraging other homebuyers to seek redress for similar grievances.
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