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The District Consumer Disputes Redressal Commission has recently ruled in favour of a Ludhiana-based couple, Naveen Jain and his wife Ritu Jain, from Tagore Nagar, ordering a prominent real estate firm, Gurgaaon-based BlackBerry Realcom Private Limited, to refund an advance payment of Rs 76.4 lakh, along with interest. The ruling comes in response to the company's failure to deliver a flat to the couple on time in Gurgaon.
The commission, presided over by Sanjeev Batra, and consisting of members Jaswinder Singh and Monika Bhagat, also directed BlackBerry Realcom Private Limited to cover the litigation expenses, amounting to Rs 20,000, incurred by the disappointed customers.
According to the complainants, they had booked a 870-square-foot studio apartment worth Rs 80.67 lakh in August 2013. Construction work commenced on February 13, 2014, and by April 2015, an agreement had been signed, confirming the allotment of the apartment. The couple was scheduled to make payments in instalments, and as per the agreement, the property was to be handed over within 36 months or by February 13, 2017. In case of a delay, the firm was obligated to pay 9% interest as compensation.
As the construction timeline extended past the deadline, the couple took a housing loan of Rs 50.5 lakh in July 2015 to fulfil their financial obligations to the company. By 2018, they had paid a total of Rs 79,10,741, including service tax, to BlackBerry Realcom Private Limited.
Despite being issued a letter of possession on July 28, 2018, the couple expressed their desire for a refund. Consequently, the real estate company cancelled the allotment and offered five refund cheques to the couple in December 2019. However, instead of encashing the cheques, the couple decided to take legal action. They issued a legal notice to the firm in February 2020 and subsequently filed an official complaint in December 2020.
In response to the firm's contention that the complainants neglected to take possession and did not encash the cheques, the commission determined that the couple was entitled to compensation for the firm's deficiency of service and unfair trade practices.
The ruling mandates the real estate company to refund the sum of Rs 76,40,016, along with 9% interest until June 30, 2020, the date of issuance of the last cheque. In addition to the interest, the commission also awarded an additional 6% interest from that date until the actual payment of the refund, expected within 30 days of receiving the order copy. Failure to comply within this timeframe would lead to another 3% interest being applicable. Furthermore, the couple is eligible to seek reimbursement of taxes worth Rs 2.7 lakh.
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