Compat passes order in case related to flat booked 25 yrs ago

Passing an order in a case related to a flat booked over 25 years ago, the Competition Appellate Tribunal has ordered realty player Suneja Towers to refund Rs 4.5 lakh along with interest.
At present, the individual, Gursharan Kaur -- who had booked a flat of the developer in Ghaziabad, Uttar Pradesh, way back in 1989 -- is no more.
"The present one is also a case in which the third generation of Gursharan Kaur, who had booked the flat in 1989 in the building proposed to be constructed by Suneja Towers Pvt Ltd has been prosecuting the complaint for last more than eight and a half years," Compat chairman G S Singhvi said in an order earlier this month.

The tribunal noted that the complainant and her legal representatives have been subjected to harassment "for the period of more than 25 years".
"If the building had been completed within three years as promised by the respondents, the complainant may have got possession thereof and utilised the same.
"She could not do so during her lifetime and her legal representatives have been compelled to pursue this litigation," it said.

According to the order, construction of the flat was delayed by more than one decade and the amount of installments deposited by Gursharan Kaur and the complainant totalling Rs 4,53,850 was retained by the respondents for a period ranging from 15 years to more than 12 years.

In the 49-page order, Singhvi said he felt that "ends of justice would be served by directing respondents to pay compound interest of 15 per cent per annum to legal representatives of the complainant".
The respondents have been directed to pay Rs 4,53,850 along with compound interest within a period of three months.
The compound interest of 15 per cent per annum would be calculated on each installment paid by Gursharan Kaur and the complainant from the date of deposit till April 30, 2005 -- the day when the allotment was cancelled.
Between August 1989 and October 1993, Gursharan Kaur and the complainant had deposited Rs 4,53,850 in the form of installments.

"The respondents not only failed to complete the project within the stipulated time but also failed to return the installments deposited by Gursharan Kaur and the complainant.
"The amount was returned only along with the cancellation letter and, as mentioned above, the complainant had returned the pay order with the legal notice sent on September 7, 2005," the order said.