Realtors to pay Rs.1.3L to Zirakpur couple over shoddy amenities
Mohali, June 4 -- The Mohali District Consumer Disputes Redressal Commission has directed ATS Estates Pvt Ltd and Dynamic Coloniser Pvt Ltd to pay Rs.1.25 lakh compensation to a Zirakpur couple after finding that the builder failed to provide basic amenities at its ATS Golf Meadows-IV Extension project while continuing to raise maintenance charges.
The commission, comprising president SK Aggarwal and members Paramjeet Kaur and Lt Col Jasbir Singh Bath, quashed a demand of Rs.29,409 raised towards common area maintenance (CAM) charges and held the builder guilty of deficiency in service.
Complainants Manpreet Saini, wife of Vikram Saini, had purchased a 150-square-yard residential plot in the project in July 2014 for Rs.25.5 lakh. They told the commission that despite executing the conveyance deed, the developer failed to provide essential infrastructure, including electricity and road connectivity, preventing them from constructing and occupying their house for years.
According to the complaint, the couple obtained building-plan approval in 2019 and eventually completed construction in April 2020 by relying on generator power after being unable to secure an electricity connection. They allegedly spent substantial additional amounts on construction and continued living in rented accommodation because the house lacked basic facilities.
During the proceedings, the ATS blamed Punjab State Power Corporation Limited (PSPCL) for the delay in releasing electricity connections, while PSPCL argued that ATS had failed to fulfil infrastructure obligations required under electricity regulations, including providing land for a substation. However, the commission did not adjudicate the dispute over responsibility between ATS and PSPCL, noting that there were conflicting claims between the parties and confining its findings to the delay in providing basic amenities to the complainants.
The commission, however, noted that the complainants ultimately received electricity and road connectivity only after approaching the consumer forum. It observed that ATS had "not been able to provide the basic amenities" and yet had started charging maintenance fees from plot owners.
Holding that the delay in providing infrastructure amounted to "grave deficiency in services", the commission said the complainants could not start construction on time and were unable to use their completed house because of the absence of essential facilities.
The panel directed ATS Estates and Dynamic Coloniser not to recover the disputed CAM amount of Rs.29,409 and awarded the complainants Rs.1.25 lakh as lump-sum compensation for mental agony, harassment and litigation expenses. The complaint against PSPCL was dismissed....
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