Court orders builder to refund cost of plot
NOIDA: A district consumer forum has been able to give respite to a property buyer by passing an order against Nitishree Infrastructure to refund his money with 15 per cent annual interest which was deposited by him toward purchase of 240 sq yard plot in a residential township along NH-24 in Ghaziabad. The forum has also imposed a penalty of Rs 25,000 on the builder for mental harassment and legal costs.
The forum in its judgment said that the land on which the project was supposed to be launched was disputed and not allotted by the UP government and Ghaziabad Development Authority (GDA) to the builder.
The victim, Charanjit Lal is a native of Amritsar and he had booked a plot in the project named Shauryapuram launched by Nitishree Infrastructure in 2006. At the time of booking, the victim deposited Rs one lakh to the builder on January 20, 2006. The builder assured that Lal would get possession of the plot within 27 months. Thereafter, the victim paid regular installments amounting to Rs 11,08,359.
The last payment was made on December 4, 2006. On enquiry, it came to the fore that the project could not be launched due to land acquisition issues. The victim then tried to either get possession of land or his money back. Several attempts were made but the victim failed to get a satisfactory response from the builder. "I visited at the builder's head office at B-111 in sector 5, Noida. Whenever I visited, the executives of the builders came up with empty assurances," said the victim.
Later, he approached the district consumer forum in Noida after a friend's advice. During the initial course of proceedings, nobody appeared on behalf of the builder before the forum. After repeated notices, the builder contended that the plot would be handed over to Lal by December 2011, but failed to produce any satisfactory evidence in this regard. After an 18-month long legal battle, the district consumer forum gave relief to the victim.
The land on which the project was planned had not been allotted to the builder by the UP govt or GDA.
The forum in its judgment said that the land on which the project was supposed to be launched was disputed and not allotted by the UP government and Ghaziabad Development Authority (GDA) to the builder.
The victim, Charanjit Lal is a native of Amritsar and he had booked a plot in the project named Shauryapuram launched by Nitishree Infrastructure in 2006. At the time of booking, the victim deposited Rs one lakh to the builder on January 20, 2006. The builder assured that Lal would get possession of the plot within 27 months. Thereafter, the victim paid regular installments amounting to Rs 11,08,359.
The last payment was made on December 4, 2006. On enquiry, it came to the fore that the project could not be launched due to land acquisition issues. The victim then tried to either get possession of land or his money back. Several attempts were made but the victim failed to get a satisfactory response from the builder. "I visited at the builder's head office at B-111 in sector 5, Noida. Whenever I visited, the executives of the builders came up with empty assurances," said the victim.
Later, he approached the district consumer forum in Noida after a friend's advice. During the initial course of proceedings, nobody appeared on behalf of the builder before the forum. After repeated notices, the builder contended that the plot would be handed over to Lal by December 2011, but failed to produce any satisfactory evidence in this regard. After an 18-month long legal battle, the district consumer forum gave relief to the victim.
The land on which the project was planned had not been allotted to the builder by the UP govt or GDA.
