Couple Wins Rs 1 47 Crore Refund Hard Earned Money Mohali Project

Consumer Disputes Redressal Commission recently directed the developer of the WTC Chandigarh Aerocity Mohali project to refund the entire amount along with Rs 1.10 lakh towards compensation and litigation costs.

Presiding member Padma Pandey and Rajesh K Arya (member) were hearing a consumer complaint filed by the couple, who alleged that despite paying nearly the entire sale consideration and waiting beyond the promised possession date of December 2022, they were left with a stalled project.

“Hard-earned money was paid by the complainants, with the hope of having possession of the said unit. All the facts established that from the very inception, there was intent to induce the complainants to enter into the transaction, referred to above and also intent to deceive them, which act amounts to grave deficiency in providing service and adoption of unfair trade practice on the part of opposite parties, which has definitely caused a lot of mental agony, harassment and financial loss to the complainants,” the June 8 order read.

It was placed on record that the couple booked a commercial shop in 2019 in the WTC Chandigarh Aerocity, Mohali project for a total consideration of Rs 1. 67 crore, out of which they paid Rs 1.46 crore. It was stated that the couple purchased the said unit for the purpose of earning their livelihood by means of self-employment.

Subsequently, a developer-buyer agreement was executed in January 2019, which pointed out that the possession of the said unit would be offered in December 2022.

They claimed that whenever they sought updates, the company reassured them that the project was progressing as planned and would be completed within the promised timeline.

The complainants later discovered in April 2023 that the Greater Mohali Area Development Authority (GMADA) had cancelled the project site due to non-payment of dues by the developer and that the developer’s challenge to the action had also failed before the high court.

According to the complainants, despite repeated requests, the builder neither offered possession of the unit nor refunded the amount paid by them.

They contended that the builder’s conduct in collecting substantial amounts from buyers despite the project’s uncertain status, misrepresenting the progress of construction, failing to comply with statutory obligations and delaying the project indefinitely amounted to deficiency in service and unfair trade practice.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More