Ghaziabad: District consumer disputes redressal commission has directed two real estate developers to refund a cumulative amount of Rs 7 lakh with interest to a homebuyer. The order was passed after the buyer was not given possession of a flat booked in 2008 due to prolonged project delays.The commission has also imposed a penalty of Rs 10,000 each on the Ghaziabad-based M/s Shreya Developwell Private Limited and Delhi-based M/s Sangwan Heights Private Limited, directing them to comply with the order within 30 days.The order was issued on April 17 by a bench comprising commission president Anil Kumar Pundir and members Shailja Sachan and RP Singh.According to the complaint filed by Siksha Bharadwaj and her son Prashu Bharadwaj on May 8, 2023, they had initially applied for a residential flat with Shreya Developwell and paid Rs 6 lakh through cheques between 2006 and 2008.However, the project was not completed. The developer assured Bharadwaj that the money would be refunded with interest and issued four cheques in Oct 2008, but later asked them to wait for the money to be deposited. These cheques were subsequently withdrawn, and two new cheques of Rs 3 lakh each were issued in Jan 2009, but the payment was again delayed.The complainants were then persuaded to invest in another project — Sangwan Heights in Rajnagar Extension — which was being developed in collaboration with the Delhi-based firm. Trusting the assurance, they agreed to shift their investment.In 2014, the second developer demanded an additional Rs 1 lakh as a booking amount for the new project, which the complainants paid. Subsequently, both developers issued an undertaking stating that the amount earlier paid to Shreya Developwell would be adjusted in the Sangwan Heights project.The project was scheduled for completion by 2018. However, the complainants neither received an allotment letter nor possession of the flat.Between 2020 and 2021, when the complainants sought a refund, the developers cited delays due to the COVID-19 pandemic and continued to defer repayment.Following this, the complainants approached the commission. Notices were issued to both developers, but in the absence of any response, the matter was heard ex parte.After examining the affidavits and documents submitted, the commission observed that Rs 3 lakh remained with Shreya Developwell, while Rs 4 lakh — including the adjusted Rs 3 lakh and the additional Rs 1 lakh — was held by Sangwan Heights.The commission held both developers liable to refund the respective amounts along with interest. It directed Shreya Developwell to pay Rs 3 lakh with 6% annual simple interest from May 8, 2023, the date of filing of the complaint, until final payment is made by the developer. It was also directed to pay 6% annual simple interest on the transferred amount from Jan 17, 2008 (the date of issue of the last cheque by Bharadwaj) to June 17, 2016 (the date of its adjustment).Sangwan Heights was directed to refund Rs 1 lakh with 6% annual simple interest from the date of filing the complaint, along with Rs 3 lakh and interest from June 17, 2016, until final payment is made by the developer.The commission noted that despite repeated assurances, the developers failed to deliver the flat or return the money, and ruled that the complainants were entitled to a refund with interest and compensation.
