The consumer forum of Gurgaon has directed a Delhi-based real estate firm, Mtech Developers, to refund Rs4.25 lakh to a buyer, Ashok Yadav, who had purchased a flat in Bhiwadi.
The order, passed on March 20 by consumer court judge Raj Kumar Tewatia, Mtech Developers was found guilty of breach of contract with Mr Yadav who had made a payment of Rs4.25 lakh in April 2007 as the booking amount for a plot in Phase 1 of Camellia Garden in Bhiwadi. He sought a refund when the builder did not allot the flat after more than two years. The company had agreed to refund the money in eight equal instalments but it stopped making payments after three instalments. Mr Yadav moved the forum in 2009 seeking the balance payment of Rs2.65 lakh.
“The opposite parties have adopted unfair practices by not refunding entire amount. Complainant is entitled to refund of balance of Rs2.65 lakh along with interest at 9% from date of deposit till realisation. Complainant is awarded Rs30,000 compensation for harassment and mental agony. He is also entitled to litigation expenses of Rs11,000,” the order read. The judge said that the order had to be complied with, within 30 days, failing which the complainant is entitled to interest @12% per annum.