National Consumer Disputes Redressal Commission (NCDRC): While coming down heavily upon a reputed Real Estate developer in India, Ansal Properties and Infrastructure Ltd., for not providing a flat to one of its customers despite receiving the money and prolonging litigation by filing “frivolous” and meritless petitions before different forums, NCDRC imposed a punitive costs of Rs.1 lakh on the company. The petitioner company had filed a revision petition before the apex commission challenging the orders of the district forum and Haryana State Consumer Commission which directed the company to provide a flat to the complainant, who booked a flat situated at the Europa Residency, Kundli, Sonepat, provided by the petitioner. The petitioner had contended the company was not able to handover the flat as the project never took off due to lack of approval from the State government. The Court rejected the said contention on the basis of Apartment Allottees Agreement which said that the project “The Europa Residency” was duly approved by the Government of Haryana and further slapping the fine added that, “Such type of unscrupulous act on the part of petitioner/builder should be dealt with heavy hands, who after grabbing the money from the purchaser, enjoy and utilize their money but does not hand over the flat, on one pretext or the other. Petitioner has made respondent run from one forum to other so that respondent cannot have any roof over her head and petitioner can go on enjoying respondent’s money without any hindrance.”(Ansal Properties and Infrastructure Ltd. v. Nidhi Jain, Revision Petition No. 1980 of 2013, decided on July 05, 2013) Refer the link below to read the full judgment, https://scconline.co.in/cases.aspx?q=Revision_Petition_No._1980_of_2013%3B_I.A._No._3268_of_2013%3B_and_First_Appeal_No._1365_of_2012&db=9
Posted on: Tue, 06 Aug 2013 13:12:29 +0000
Trending Topics
Recently Viewed Topics
© 2015