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Builder fined Rs 55,000 for deficiency in service

A consumer forum here has fined DLF Southern Homes Pvt Ltd, New D... Read More
CHENNAI: A

consumer forum

here has fined

DLF Southern Homes

Pvt Ltd, New Delhi and its office in the city Rs 55,000 for

deficiency in service

.

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S Jayanthi and Sreedhar of

Besant Nagar

, in their complaint, said they paid Rs 4 lakh in January 2008 to book an apartment in DLF's Garden City complex on OMR. The price of the apartment was around Rs 40 lakh. The builder issued a receipt allotting them a flat.

DLF, however, was unable to start construction for one-and-a-half years. In September 2009, it sent them a buyers agreement mentioning the apartment, floor and building number along with details of apartment area and price per sqft. According to the agreement, DLF had to hand over the flat within 27 months. It also promised to provide a discount of Rs 200 per sqft as Timely Payment Rebate (TPR). Sreedhar paid around Rs 38 lakh in six installments. The remaining amount, according to the terms, was to be paid after he got the occupation certificate.

The builder did not hand over possession within the stipulated time, nor did it provide the promised rebate. After Sreedhar issued it a legal notice, DLF asked him to pay more because of increase in taxes like VAT and service charge. He then moved the district consumer disputes redressal forum, north Chennai.

Denying the arguments, DLF said as Sreedhar did not make payment within time, the rebate was withdrawn. After filing of complaint, it had given the flat to Sreedhar in March 2014. It would provide the sale deed if Sreedhar paid the addi tional charges.

A bench of president K Jayabalan and member T Kalaiyarasi said DLF had said Sreedhar had paid all installments within time except for a four-day delay in payment of around Rs 4.05 lakh. But DLFs argument was wrong as the date of encashment of the cheque could not be held as delay in payment. Sreedhar had paid around Rs 92,000 extra as the builder did not provide him the agreed rebate.
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Because of the delay of 14 months in providing the apartment, the builder had to pay compensation along with case costs, the bench said. DLF had also to register the Undivided Share of Land in his favour.

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