DLF fails to complete project, asked to pay Rs six lakh

Several other complaints related to the same project New Town Heights were filed by buyers against the real-estate developer

A real-estate developer has been asked by a consumer forum here to pay Rs one lakh compensation and return the booking amount of Rs five lakh to a buyer, who had applied for a flat in its Gurgaon-based project in 2008, following its failure to complete the construction in time.

New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, also said that several other complaints were filed by buyers against the real-estate developer DLF New Gurgaon Homes Developers Pvt Ltd related to the same project, 'New Town Heights', in which the forum had held the builder guilty of unfair trade practice.

"In view of this admitted position in number of other similar complaints of this project, we have in earlier cases held Opposite Party (DLF) guilty of deficiency and unfair trade practice and directed DLF to refund booking amount...And pay compensation of Rs one lakh.

"We accordingly direct the OP (DLF) to return the booking amount of Rs five lakh (to complainant Vibha Puri)... And pay Rs one lakh as compensation for deficiency and litigation expenses," the forum, also comprising its members SR Chaudhary and Ritu Garodia, said.

While deciding the complaint, the forum noted that this was another case of deficiency on the part of the builder in respect of its failed project 'New Town Heights'.

The forum passed the order while deciding a plea filed by Delhi resident Vibha Puri, who had claimed that she paid Rs five lakh to DLF in 2008 for the project but the builder delayed it citing non-availability of environmental clearance.

Puri had told the forum that she had booked a flat in 2008 in DLF's Gurgaon-based project which is yet to be completed.

The complaint said the builder demanded 35% of the total price and also provided an exit option and informed that project was delayed due to non-availability of environmental clearance.

She alleged that there was no progress in the project and the demand was illegal without any agreement being executed.

Alleging deficiency on the part of the builder, Puri, thereafter, approached the forum.

DLF, however, contested the claim by pleading failure to progress due to want of environmental clearance.