The District Consumer Disputes Redressal Commission in Jalandhar has ordered Shourya Towers Pvt Ltd, a Noida-based realty firm, to refund Rs 41.97 lakh to a local resident for failing to deliver two flats booked nearly two decades ago. The commission held the builder guilty of deficiency in service and unfair trade practice.
Complainant paid full amount, never got possession
According to the complainant's counsel, Jatinder Arora, Randeep Singh Chatha of Urban Estate, Jalandhar, booked two flats measuring 1,565 sq ft each in the company's Shourya Greens project near the Amritsar Bypass. He paid the entire sale consideration in instalments but was repeatedly assured of possession without any firm timeline.
After failing to deliver the originally allotted flats, the builder offered alternative flats via email, stating that a revised allotment would be made from available inventory. However, these assurances did not materialise, and the alternative flats were also part of the stalled Shourya Greens project, which remained incomplete.
Builder's RERA, arbitration objections rejected
The builder contested the complaint, arguing that the dispute fell under civil jurisdiction and should be addressed through RERA or arbitration provisions in the buyer agreement. The commission rejected these objections, observing that remedies under consumer law operate independently.
Examining the evidence, the commission concluded that the builder had retained the complainant's money for years without delivering possession, amounting to clear deficiency in service. It noted that a home buyer cannot be made to wait indefinitely after paying the entire amount for a residential unit.
Order: Refund with 9% interest, compensation
The commission directed the company to refund Rs 20.98 lakh for each flat along with 9% annual interest from the dates of deposit. It also awarded Rs 30,000 as compensation for mental harassment and Rs 10,000 towards litigation costs per flat.
