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Housing firm to pay Rs 2.5L for "illegally" cancelling flat

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Press Trust of India New Delhi
A consumer forum has directed a housing firm to pay a compensation of Rs 2.5 lakh to a ex-government employee for "illegally" cancelling the booking of a flat alloted to him after accepting full price.

The New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, asked Central Government Employees Welfare Housing Organisation (CGEWHO) to pay the money to one Rameshwar Dayal Sharma, saying the company attempted to make capital out of his misfortune by adopting "arm twisting methods"

"We are shocked at the illegal and arbitrary style of functioning of Opposite Party (firm), which is promoting itself in name of fair deal to retired government servants. The facts reveal bundle of shocking facts, and unfair trade practice," the forum noted.
 

The forum noted that it was settled law that where more than 80 to 90 per cent cost is paid for the flat, the contract is specifically enforceable and such sale cannot be cancelled.

It said that in this case, the whole price was paid, and Sharma tendered Rs one lakh demand draft and wanted only two months to pay balance of maintenance charges of Rs 14,958 only as he had undergone eye surgery and had lost his brother.

"The OP management has attempted to make capital out of the misfortune of complainant, by arm twisting methods to demand more money and changing another flat no at higher cost," it said, while quashing the cancellation.

"We...Hold OP guilty of deficiency, imperfection, and unfair trade practice for charging money in the name of restoration etc., by illegally cancelling the booking first, after accepting full price," the forum said.

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First Published: Sep 26 2014 | 2:38 PM IST

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