Chennai: Realty giant told to compensate buyer

Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) has directed a leading real estate giant to register undivided share of land to a couple who failed to get a flat even after paying entire amount to the firm. The forum also directed the company to pay a compensation of Rs 55,000 to them for causing mental agony. In the petition, S. Jayanthi and Sreedhar of Besant Nagar, submitted that  DLF Southern Homes Private Ltd proposed to develop a residential apartment project Garden City, DLF OMR, at Thazhambur village in Chennai. They approached the company to purchase a flat in project and paid Rs4 lakh as an advance on January 15, 2008.

However, the company did not start the construction work for more than one and half year. Due to sudden withdrawal of purchasers from the project, the company was forced to drop certain construction of blocks.  An agreement was reached among them and the firm agreed to handover the flat to them in 27 months from September 23, 2009.  They paid Rs 38,33,316 as against the agreed payment of Rs 40,52,800, leaving the balance of Rs 2,19,484.

Having received the payment, the company did not deliver the flat till June 2012. In the petition, Jayanthi and Sreedar sought various reliefs, including compensation. Denying the allegations, DLF Southern Homes said the petition was not maintainable under law. The complainants suppressed material facts. Any alleged delay in delivery of apartment was attributable to several factors including delay in getting approval from the competent authorities, delay in process of documents by various government departments.

On January 5, 2013, the company sent a notice to them to take possession of the flat and they were given time till March 5, 2013. The company said it had not committed deficiency in service and prayed to dismiss the complaint with exemplary costs. The bench comprising President K. Jayabalan and member T. Kalaiyarasi, said the total cost of the flat was Rs 40.52 lakh and complainant paid Rs 38.44 lakh. The payments were made on or before November 24, 2010. The company should have hand over the property by December 23, 2011, as per the agreement.