Cracking the whip against a private builder who failed to hand over a plot sold a decade ago to a senior citizen, the apex Consumer Commission has slapped a fine of Rs 50,000 on it and asked it to refund the entire amount within three months.
The National Consumer Disputes Redressal Commission (NCDRC) ordered TDI Infrastructure to refund the Rs 1.02 crore paid by Delhi resident Gurdarshan Singh Kalra, a senior citizen, for a property project at Kundli near Sonipat.
"The complainant (Kalra) has spent his hard-earned money and is a senior citizen. The opposite party (TDI) has succeeded to feather its own nest i.E. To make profit for itself often at the expense of others. The fabian policy adopted by it has benefitted it a lot," the bench headed by Justice J M Malik said.
According to Kalra's compliant, he had purchased a plot measuring 1000 square yard in TDI's project by paying Rs 15.50 lakh by cheque as booking amount on February 4, 2006.
He alleged that he was given the paper allotment of the plot which had no existence at that time and even now and had incurred a cost of Rs 1,02,19,158 since 2006. He said he had sent a notice in May 2010 to the builder asking it to either hand over the possession or refund the money.
TDI contested the plea and denied all the allegations, claiming the complaint was aimed at blackmailing them as the complainant had supressed material facts.
The commission, which ordered the builder to refund the entire amount along with 18 per cent interest, noted that the builder was enjoying the value of plot for the last 10 years.
The bench also quoted Charles Dickens' phrase 'Home is a name, a work, it is strong one; stronger than magician ever spoke or spirit ever answered to, in the strongest conjuration.'
"We are of the considered view that the Complainant is entitled for refund of entire amount along with interest at 18 per cent per annum. We also impose costs of Rs 50,000 upon the Opposite Party. The said amounts be paid within 90 days," the bench said.
