VSR Infrastructure Pvt Ltd: Just imagine that you have invested all your savings in buying a house and now you are neither getting the house nor the money from the builder. Something similar happened with Nirmal Satwant Singh of Gurugram. On July 24, 2013, he booked three flats in 114 Avenue from Delhi-based builder VSR Infrastructure Private Limited. Nirmal paid Rs 2.4 crore for these three flats. The builder promised him possession within three years, but soon 11 years passed but Nirmal did not get the ownership of the flat from the builder.
Builder refused to give refund
Nirmal tried to resolve this issue by talking to the company several times, but the builder kept hedging every time. Nirmal appealed to the company to either give him the possession of the flat or give him a refund, but the builder neither gave him the possession and later even refused to give the refund. Ultimately Nirmal approached the Consumer Commission for help.
The company presented its side in the court
Arguing against this action of Nirmal, VSR Infrastructure Private Limited said that the person buying the house is not a consumer, hence resolving his issue does not come under the purview of the Consumer Court. Along with this, the company demanded the court to reject Nirmal’s petition. The company also told the court that Nirmal had bought the house for his own benefit and not for commercial purposes.
While presenting its stand, the company also said that the delay in possession is due to pollution and the ban on construction imposed by the government. The company said that the flat is ready, only the occupancy certificate is yet to be received, the possession will be given as soon as it is received.
Court reprimanded the builder
Here, the court reprimanded VSR Infrastructure Private Limited and rejected all their arguments. The court said, the person buying a house also comes in the category of consumer. The house may have been bought for living in, but money has been paid for it.
Along with this, the court ordered the company to refund Rs 2.4 crore to Nirmal. Apart from this, instructions were also given to give Rs 5 lakh for mental harassment and Rs 50,000 as compensation for the expenses incurred in the legal battle.
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