Solan Consumer Commission Directs Himalayan Dreams Villas To Refund ₹32 Lakh To Homebuyers For Failing To Deliver Promised Cottage
The District Consumer Disputes Redressal Commission, Solan, Himachal Pradesh, has held Himalayan Dreams Villas Pvt. Ltd. and its authorised signatory Vicar Walia liable for deficiency in service for failing to construct and hand over a promised cottage to homebuyers despite receiving ₹32 lakh towards the project. The Commission directed the developer to refund the amount with...
The District Consumer Disputes Redressal Commission, Solan, Himachal Pradesh, has held Himalayan Dreams Villas Pvt. Ltd. and its authorised signatory Vicar Walia liable for deficiency in service for failing to construct and hand over a promised cottage to homebuyers despite receiving ₹32 lakh towards the project. The Commission directed the developer to refund the amount with interest, observing that the complainants' unrebutted evidence established the payments and the developer's failure to fulfil its contractual obligations.
The Bench comprising President D.R. Thakur and Members Vijay Lamba and Neelam Gupta observed that the opposite parties neither completed the promised construction nor refunded the money despite receiving repeated requests from the complainants.
Facts
The complainants booked a customised cottage under the opposite parties' "EkjapSamridhi" project at Village Anji, Dharampur, Solan. They were promised a 300-square-yard plot with a 700-square-foot two-bedroom cottage to be constructed according to their preferred layout and design, with possession to be delivered by Diwali 2021. During the process, they also visited Solan to finalise the layout with architect Mr. Gupta and met Ms. Rhea, an associate of the opposite parties.
Between 2020 and 2022, the complainants paid a total of ₹32 lakh from their retirement savings towards the project. However, despite repeated assurances, construction never commenced and possession was never handed over. The complainants thereafter issued a legal notice, but the developer neither completed the project nor refunded the amount, compelling them to approach the Consumer Commission. The opposite parties failed to appear despite service of notice and were proceeded against ex parte.
Decision
The Commission observed that the complainants had produced the agreement, affidavits and bank statements establishing payment of ₹32 lakh to the opposite parties. Since the opposite parties failed to contest the proceedings or rebut the evidence, the Commission held that they had failed to construct the promised cottage or refund the money, which amounted to deficiency in service.
Accordingly, the Commission directed Himalayan Dreams Villas Pvt. Ltd. and its authorised signatory to refund ₹32 lakh to the complainants with interest at 9% per annum from the date of filing of the complaint until realisation. It also awarded ₹30,000 as compensation for mental harassment and ₹20,000 towards litigation expenses.
Case Title: Ravneet Singh & Anr. v. Himalayan Dreams Villas Pvt. Ltd. & Anr.
Case Number: DC/25/CC/143/2024