Mohali Consumer Court Barnala Builder Refund Zirakpur Penthouse Army Officer

The District Consumer Disputes Redressal Commission (DCDRC), Mohali, has granted significant relief to retired Army officer Colonel Romesh Ghai and his daughter, Shaheen Ghai, in a dispute against Barnala Builder and Property Consultants Developers. The disput... The District Consumer Disputes Redressal Commission (DCDRC), Mohali, has granted significant relief to retired Army officer Colonel Romesh Ghai and his daughter, Shaheen Ghai, in a dispute against Barnala Builder and Property Consultants Developers. The dispute was over a penthouse in Maya Garden City, Zirakpur. Sharing details of the order, Advocate Muhammad Sartaj Khan on Tuesday said the Commission partly allowed the complaint, and directed the builder to refund excess charges, provide promised amenities and compensate the complainants for the delay in securing mandatory approvals and handing over complete facilities. The Commission, headed by president Kuljit Pal Singh and member Ranvir Kaur, directed the builder to obtain the required Completion and Occupation Certificates from the competent authorities and provide copies to the complainants. According to Khan, the dispute arose after the complainants alleged deficiencies in service, non-provision of promised amenities and a shortfall in the area delivered. Referring to an architect’s report placed before the Commission, the advocate said the actual area handed over was found to be 4,769 sq ft against 5,110 sq ft for which payment had been collected. The Commission held that the complainants were entitled to recover the amount charged for the excess 342 sq ft. “The Commission also ordered adjustment of Rs 5,45,890 collected as maintenance charges, observing that maintenance charges could not be levied before obtaining the mandatory completion and occupancy certificates,” the advocate said. The Commission also awarded compensation for delay in possession in the form of 12 per cent annual interest on the amount deposited by the complainants from the date of filing of the complaint until the required certificates are obtained. The builder has also been directed to pay Rs 75,000 as litigation expenses. Khan also said the Commission rejected an application filed by the opposite parties challenging its pecuniary jurisdiction. The Commission observed that when the complaint was filed in 2021, the District Commission had jurisdiction to entertain claims up to Rs 1 crore and that the complaint had already been admitted without challenge from the builder on jurisdictional grounds. The Commission directed the builder to comply with the order within 45 days of receiving the certified copy of the judgment. Stay updated with the latest - Click here to follow us on Instagram The District Consumer Disputes Redressal Commission (DCDRC), Mohali, has granted significant relief to retired Army officer Colonel Romesh Ghai and his daughter, Shaheen Ghai, in...