Ansal Properties and Infrastructure Ltd has been asked by a consumer forum to pay Rs25 lakh to Gurgaon resident Vijay Misra for harassing him by keeping him in the dark about matters related to a flat and demanding illegal considerations from him. The New Delhi Consumer Disputes Redressal Forum, presided by CK Chaturvedi, asked the builder to pay Mr Misra Rs25 lakh, to issue him a fresh statement of dues and handover a fresh possession letter of the flat as per old agreed rates.
“We have considered the rival submissions and find it a text book case of harassment of innocent consumers. Opposite Party (builder) deliberately kept the complainant in dark by writing letters at wrong address and then demanded illegal considerations of holding things to restoration charges and failed to explain additional area charges for 113sq ft.
We hold all the action of the Opposite Party illegal, and nothing is payable on account of restoration charges plus holding charges or cancellation charges. The Opposite Party has acted in unfair way,” said the Forum members
SR Chaudhary and Ritu Garodia.
The Forum noted that the builder, in its reply, raised irrelevant issues of dispute between the parties and loan, etc, not paid to a bank.
The apex court asked Supertech, a major builder in north India, to refund money to flat-owners of Apex and Ceyane towers in Noida which were termed illegal and directed to be demolished by the Allahabad High Court. The Court said, “Allottees are entitled for the amount, as it is their hard-earned money and they can’t keep moving court. Supertech to give back within a month the principal amount to those allottees who had applied for refund.” The Court also asked Supertech to allot another flat to the allottees who did not want to get a refund.
The Allahabad High Court, in April 2014, ordered the demolition of two 40-storey towers of real estate company Supertech. The residential towers were a part of the Emerald Court Project in Sector 93A, Noida. They are unoccupied.
A government circular, permitting registrars to annul or cancel land documents registered by deceit, has been upheld by the Madras High Court saying that constitutional, statutory or administrative authorities possess the power to recall orders obtained by fraud. Justice T Raja, upholding the circular said, “If it is held that the registering authorities have no power to annul an earlier document, such an interpretation would lead to perilous implications harming public interest and public policy by allowing the fraudulent transactions to take place lavishly behind the back of innocent land owners.” The judge was passing orders on writ petitions which challenged the legality of the circular.