KOCHI: The Ernakulam district consumer disputes redressal commission has mandated DLF, a real estate developer, to provide compensation for the delayed handover of a flat by nearly four years, along with additional charges imposed.
This order was issued following a complaint lodged by Seena Susan Kuruvilla and her son, Mithun Kuruvilla, regarding the DLF New Town Heights project located in Kakkanad.
In May 2010, the complainants reserved an apartment at DLF New Town Heights for Rs 34.29 lakh, with an agreement stating the flat would be delivered by January 19, 2013. Despite having paid 95% of the total, the flat was only handed over in September 2017. During this period, an additional amount of Rs 10.22 lakh was requested and paid under duress. Moreover, Rs 2.74 lakh was charged for a supposed increase in the apartment’s size during construction. The complainants also noted substandard quality in the apartment, including insufficient water supply and poor electrical work, as well as unauthorized withdrawals from their loan account.
The commission, referring to prior Supreme Court judgments, noted that the developer’s failure to deliver the flat on schedule equated to a substantial service deficiency. Consumers are not obligated to wait indefinitely for their property and are entitled to compensation when such situations arise. The commission found DLF accountable for severe service failures and unfair business practices.
As a result of the delay, DLF is required to pay 12% interest on the flat’s cost of Rs 34.29 lakh for the four years between the promised and actual handover dates. Additionally, DLF must reimburse Rs 5.76 lakh that the complainants incurred in rent due to this delay.
Furthermore, the commission directed the responsible parties to pay Rs 1.10 lakh to the complainants for mental distress, inconvenience, and legal expenses within 45 days.
