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Fixed delay: Forum says deal until refund is made | India News


MUMBAI: The National Consumer Commission has ruled that even if a home buyer had initially requested a refund due to a delay in possession, in the event that the full amount is not returned with reasonable interest and within a reasonable time, the builder cannot say that the agreement is canceled and avoid delivery. on the floor.
In compliance with an order from the state consumer commission, the national forum on Friday ordered a city builder to hand over a flat in Malad (west) to a woman who had booked it in a building under construction nearly 20 years ago.
“We specifically note that in 2003, the plaintiff (Anita Lewis) had requested reimbursement of the full amount paid by her, but the opposing party (Square One Enterprises) did not reimburse the amount, with or without interest, within a specified period reasonable time, ”said the national commission.
It refuted the builder’s claim that the agreement did not mention the delivery date of the possession. Noting that a flat buyer cannot be kept waiting for an indefinite period, the forum said: “We found that said argument of the opposing party cannot be in their favor as it was their duty to mention the delivery date of the possession in the agreement, and failure to do so necessarily requires reading against it. ”
When the builder failed to surrender possession even two years after Lewis paid Rs 16 lakh in 2001, he sought a refund. She said the letter was ignored. The total cost of the flat was Rs 21 lakh and it was understood that he would gain possession in December 2002. Lewis further alleged that in October 2006, approximately 3 years and 5 months after he sent the reimbursement letter, he received a letter from him. Builder stated that since he had canceled the contract and paid only Rs 11 lakh, he could collect it with interest. The builder did not acknowledge Rs 4.5 lakh that he had paid in cash. Lewis refused to accept the money and in 2007 learned that the builder was trying to get rid of the floor through a broker. She moved the state commission that year.
In 2015, the state commission ordered the builder to hand over the possession after receiving the remaining payment of 5.5 lakh rupees. Lewis also received compensation of Rs 1.25 lakh for expenses and mental agony. Injured, the builder transferred the National Consumer Dispute Claim Commission in 2015. “It is also pertinent that even after the submission of the consumer’s complaint, the opposing party initiated a legal process in the civil court regarding the agreement, which was dismissed. Clearly, this behavior has bad air, ”said the national commission.

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