NEW DELHI: A firm of the DLF group will have to pay Vasant Kunj resident Satish Sharma Rs. 7.12 lakh for accepting payment for a flat in an unapproved residential project – a move the District Consumer Disputes Redressal Forum (New Delhi) pronounced “unfair trade practice.”
Sharma, a cancer patient, had booked a flat in “The Express Greens” in Gurgaon in 2008. By 2009, he had paid Rs. 14.37 lakh toward the cost of the flat “without entering into formal agreement.” Sharma discovered, from news reports, that the project had been abandoned by DLF Home Developers Ltd “for financial reasons.” That, combined with the fact that he was suffering from cancer, led him to decide to not buy. He requested for cancellation and refund without penalty. The company refused and Sharma, to avoid being marked a “defaulter” continued to pay despite having requested for cancellation.
The builders argued that it was entitled to forfeit the earnest money and other non-refundable payments as per the agreement. They returned only a part of the amount – Rs. 8.24 lakh.