Mohali builder told to hand over flat
Mohali, Oct. 11 -- The district consumer disputes redressal commission directed Omaxe New Chandigarh Developers to hand over a flat in its The Lake project at New Chandigarh with all required completion and occupation certificates, and pay 9% annual interest on Rs.50 lakh deposited by the buyer from November 16, 2023, until possession.
The commission also directed the developer to pay Rs.2 lakh as combined compensation for harassment and litigation expenses. It gave the company 45 days from receipt of a certified copy of the order to comply.
The case concerns Vipin Verma, who booked a 2,300-square-foot flat in Emerald-A tower in August 2018 for a total sale consideration of Rs.53 lakh. The developer allotted the flat in February 2020 and executed a sale agreement.
Under the agreement, the company had to deliver possession by July 31, 2021, along with the required completion and occupation certificates. Verma paid Rs.50 Lakh by November 15, 2023, accounting for about 93% of the agreed price.
The developer issued an offer of possession on June 21, 2025, but Verma approached the commission, arguing that the project remained incomplete and lacked the mandatory certificates and civic amenities. He also challenged additional demands raised by the company, including interest, penalties and charges linked to an increase in the flat's super area.
The company attributed the delay to the Covid-19 pandemic, saying construction had stopped for months and it faced shortages of materials and labour.
It argued that the Punjab Real Estate Regulatory Authority had granted a nine-month extension, shifting the possession deadline to April 30, 2022. It also said it had applied for the occupation certificate on July 3, 2025, and alleged that Verma had delayed installment payments.
Rejecting the company's explanation, the commission noted that even after accounting for the nine-month extension, the developer issued its possession offer nearly three years and two months after the revised deadline. It also noted that the company applied for the occupation certificate only after issuing the offer.
The commission held that an offer made without the required completion and occupation certificates did not constitute valid possession. It found a deficiency in service on the developer's part.
The order directs the company to hand over the flat after receiving any balance amount due, along with the required certificates, approvals and sanctions. If the flat's carpet area has increased, the buyer must pay for the additional area at the rate agreed in the sale agreement. The commission passed the order through president SK Aggarwal and member Paramjeet Kaur....
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