District Forum Holds Builder Guilty For Not Giving Flat's Possession To Homebuyer; Orders Refund, ₹50K Costs For Mental Harassment

The complainant booked a unit in the Project Mirage developed by Imperia Structures Ltd and initially paid Rs. 3.1 lakh as the booking amount. Imperia issued a confirmation letter allotting the unit to the complainant. The complainant subsequently made further payments towards the unit.

The complainant stated that despite making all payments on time, Imperia failed to complete the scheduled construction of the unit and handover the possession of the unit.

The complainant prayed for a refund of Rs. 14.36 lakh along with compensation for unfair trade practices, mental agony and harassment and litigation costs.

The DCDRC noted that Imperia did not deny having received the payment from the complainant. It observed that in absence of any denial or rebuttal by Imerpia, the defiency in service stood proved.

"lt is categorically stated that the complainants have not received possession of the plot till date. In the absence of any denial or rebuttal by OP, the complainant's stands regarding deficiency in service stands proved," the commission said. 

It referred to Fortune Infrastructure vs. Trevon D'lima (2018), where the Supreme Court observed that a homebuyer cannot be made to wait "indefinitely" for possession of the flat allotted to him and is entitled to a refund along with compensation.

Considering the evidence on record, the DCDRC found Imperia guilty of deficiency in service. It directed Imperia to refund Rs. 14.36 lakh with 9% interest per annum. It further directed Imperia to pay compensation of Rs. 50,000 for mental harassment and Rs. 10,000 as litigation charges.

The Complainants were represented by Advocate-on-Record Anshul Gupta and Advocate Kirti Dua,

Case title: Rakhi Mitta & Anr. vs. Imperia Structures Limited (Case No. 187/21)

Counsels for Complainant: Advocate-on-Record Mr. Anshul Gupta and Advocate Kirti Dua