The State Consumer Disputes Redressal Commission, Chandigarh, has directed M/s Sushma Buildtech Limited to refund Rs 10,05,100 to a Dera Bassi couple, along with 9 per cent annual interest, for failing to deliver a flat within the stipulated period in a housing project at Zirakpur.
The Commission also ordered the builder to pay Rs 75,000 as compensation for mental agony and physical harassment and Rs 35,000 towards litigation costs.
In a complaint filed before the Commission, Vivek Gupta and his wife stated that they had booked a second-floor flat in a residential project developed by Sushma Buildtech in Zirakpur, SAS Nagar (Mohali), Punjab. The total agreement value of the flat, including taxes, was Rs 58,75,120.
The complainants claimed that they had paid a total of Rs 54,05,100, including Rs 44,00,000 in cash and Rs 10,05,100 through bank transactions.
According to the Agreement of Sale dated February 19, 2025, possession of the flat was to be handed over by May 31, 2025. However, the complainants alleged that neither possession was delivered nor was the deposited amount refunded.
Counsel for the builder denied the allegations and maintained that the complainants had paid only Rs 10,05,100. He argued that the alleged cash payment of Rs 44,00,000 was unsupported by any documentary evidence.
After hearing both sides, the Commission directed the builder to refund Rs 10,05,100 with interest at 9 per cent per annum from the respective dates of deposit.
In its order, the Commission observed that the alleged cash payment of Rs 44,00,000 remained unsubstantiated due to the absence of documentary proof. It noted that determining such disputed claims would require detailed evidence and examination of witnesses, which could not be effectively undertaken in summary consumer proceedings.
The Commission held that while the complainants failed to prove the alleged cash payment, the payment of Rs 10,05,100 stood established and was admitted by the builder. Accordingly, it granted relief only for the documented amount.
