The District Consumer Disputes Redressal Commission, Chandigarh, has directed a Mohali-based builder to deliver physical possession of a residential plot to a city resident within two months and pay Rs 30,000 as compensation and litigation expenses.The complainant, Amar Pal, told the commission that M/s RKM Housing Ltd had launched a residential township project in Sector 112, SAS Nagar, Mohali, where he booked the plot on January 2, 2011.He said that despite receiving a substantial amount from him, the builder neither issued an allotment letter nor executed a Plot Buyer’s Agreement. The complainant further alleged that the builder failed to disclose a definite timeline for delivery of possession and continued to assure him that possession would be delivered shortly.The directors of the company denied the allegations and requested to dismiss the complaint.After hearing both sides, the commission observed that despite receiving substantial consideration and allotting a specific plot to the complainant, the builder had failed to hand over possession within a reasonable period.The commission noted that even during the pendency of the case, the builder neither offered possession nor disclosed any valid reason for withholding the same.”Such conduct on the part of the opposite parties clearly amounts to deficiency in service and unfair trade practice,” the commission observed.Holding that the builder had failed to perform their contractual and legal obligations despite receiving substantial amounts, the commission directed it to deliver legal and physical possession of the plot, complete in all respects, subject to payment of any balance sale consideration and other charges, if any, by the complainant as per Memorandum of Understanding.The commission also awarded Rs 30,000 to the complainant towards compensation for harassment and litigation expenses.This order is to be complied with by the builder within 60 days from the date of receipt of its certified copy.


