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Consumer forum asks builder to refund booking amount to complainants

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Express news service

Posted: Apr 11, 2008 at 0209 hrs IST

Chandigarh, April 10 The District Consumer Disputes Redressal Forum has found Sudeep Singh Sabharwal of JS Dwellers indulged in unfair trade practices and directed them to refund the amount pocketed from three different complainants along with the cost of litigations.

According to the complainants, in response to an advertisement by the J S Dwellers on booking the flats, they decided to purchase a three-bedroom flat for Rs 15 lakh.

They paid the booking amount of Rs 25,000 for each flat through cheques. Soon after that, Sudeep demanded Rs 2 lakh as first installment and Rs 1,000 as documentation and attestation charges.

All the three clients paid the amount individually and signed an agreement. The agreement stated that J S Dwellers was bound to complete the project within two years. Complainants said even after 14 months of the agreement, there was no sign of construction on the proposed site. The land was not even demarcated.

Inquiries revealed that J S Dwellers were not interested in constructing the housing complex.

The forum served a notice to J S Dwellers through newspaper but Sudeep did not respond. Following which, the forum proceeded exparte.

The forum observed that the builder was supposed to complete the project within two years from the start of the construction. There was no evidence to suggest if the delay in start or completion of the project was due to “major natural calamity, civil commotion, military action or by reason beyond the control of the seller”.

The manner in which J S Dwellers preferred not to contest the complaint leave no doubt that there is no chance of construction at the proposed site shown to the complainants.

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