VADODARA: A real estate group in Vadodara has been ordered by the State Consumer Disputes Redressal Commission to refund ₹28.42 lakh to Dr. Nilam Desai and Dr. Rasesh Desai due to the failure to deliver possession of a flat booked in their project.
The complainants, represented by advocate Akhil Dave, reported that they booked a flat in the developer’s Vadodara project in 2012, with possession expected by April 2016, as stated in the agreement.
They initially paid ₹6 lakh by cheque and the remaining ₹22.42 lakh through a private bank loan. As per the agreement, the loan disbursal was tied to construction progress. However, the bank released the full amount to the builder prematurely after the first installment.
Despite receiving the total payment, the builder failed to deliver the flat on time, which led to the Desais filing a complaint with the state consumer forum in April 2019, alleging deficient service and unfair trade practices. They sought a refund along with 12% interest.
The commission pointed out that the builder did not respond to any notices or contest the case. Based on the evidence presented by the complainants, the forum ruled in their favor, ordering the builder to refund ₹28.42 lakh with an additional 12% interest from the date of the complaint filing.
Furthermore, the forum awarded the complainants ₹50,000 for mental distress and inconvenience caused.
“We have filed an execution application in the forum, as the builder has not complied with the order yet,” stated Dave.
