Press Reporter News Service
Chandigarh, October 2
In a big judgment, the District Shopper Disputes Redressal Fee, Chandigarh, has penalised Nirvana Co-Op Home Constructing (First) Society Ltd, Plot No. 48, for not handing over the possession of a flat to a member, Asha Sharma, regardless of issuing no dues certificates (NDC). An workplace of the society was run from her flat.
Holding the society responsible of indulging in unfair commerce practices, the fee directed it to pay Rs1 lakh as compensation to the complainant for inflicting her psychological agony and harassment in addition to litigation bills.
The fee additionally directed the society to pay Rs10,000 monthly for a interval of eight years from the issuance of the NDC (2009) until the date of supply of possession (2017) of the flat to the complainant.
Within the criticism filed earlier than the fee, Asha stated as a member of the society, she deposited Rs1,60,725 on January 31, 2008, to the administration of the society because the principal price of the land and lease cash.
The society issued no dues certificates (NDC) on June 24, 2009. She alleged that regardless of the receipt of all dues and the issuance of an NDC in 2009, the society demanded Rs1,20,712 on November 28, 2016.
She stated she deposited that quantity additionally. She alleged that the society had not given the possession of the flat regardless of her repeated requests. She alleged that the society had run its workplace from her flat illegally from August 1, 2008, until January 1, 2011, with out paying any lease or costs and delayed the supply of possession of flat. She despatched a authorized discover to the society on July 5, 2018, however to no avail.
Kamal Okay Sharma, counsel, filed the reply on behalf of the society and denied all allegations. He claimed that the criticism is barred by limitation. He argued that the dues have been paid on December 31, 2009, whereas the total and ultimate cost was made by the complainant on October 25, 2016, and on the identical day, the possession of the flat was handed over to her, and the permission for mortgage was given.
He argued that the complainant couldn’t declare any lease, as alleged, because the flat stays the property of the society until the possession is given to a member.
After listening to the arguments and inspecting the information, the Fee, comprising its President Rajan Dewan and member BM Sharma, stated the society remained grossly poor in its companies and indulged in unfair commerce practices by belatedly delivering the possession of the flat.
What shopper panel noticed
The District Shopper Disputes Redressal Fee, Chandigarh, noticed, “A purchaser/complainant having paid her hard-earned cash to have a home is just not imagined to be stored on ready for lengthy, particularly after making cost and issuance of no-dues certificates. Subsequently, the deficiency in service in addition to unfair commerce observe resorted to by OPs (society) is clearly established, which not solely precipitated monetary loss to the complainants but additionally precipitated them immense harassment and psychological agony.”