Mohali: Completion, occupation papers not provided, builder fined: A practical reader guide

Mohali: Completion, occupation papers not provided, builder fined: A practical reader guide

The district consumer disputes redressal commission directed Towncity Realtors and its director to pay 9% annual interest on ₹ 32 lakh deposited by two buyers for a commercial unit at Sushma Capital in Zirakpur, from September 16, 2021, until the developer obtains the project’s occupation and completion certificates.

In its order, the commission also directed the company and its director, Binder Pal Mittal, to pay the complainants ₹ 75,000 as compensation for mental agony and harassment and litigation expenses. The commission partly allowed the complaint and directed the opposite parties to pay interest at 9% per annum on ₹ 32 lakh from September 16, 2021, until they obtain the certificates. Commission president SK Aggarwal and member Paramjeet Kaur pronounced the order. The commission held that handing over possession without occupation and completion certificates did not amount to a valid offer of possession. It held the company and its director jointly and severally liable to comply with the order.

Rejecting the objection over consumer status, the commission said the developer had produced no evidence to establish that the buyers purchased the unit for resale or to earn profits. It said the absence of these documents meant the developer could not claim that the project was ready for occupation.