TNRERA orders promoter to pay relief to buyer for delay

Delivering his order after hearing the petition of Kumaran and Vijisarguna Kumaran, who had contended that the promoter had failed to hand over the flat within the stipulated time, adjudicating officer G Saravanan said that a sum of Rs 5 lakh has been fixed as compensation for mental agony, hardship and inconvenience caused to the complainant and Rs 20,000 towards litigation expenses.

“The respondent (Ozone Projects Private Limited) shall pay the complainants the compensation for delay in delivery of the apartment, compensation for the mental agony, hardships and inconvenience within 30 days from the date of order. In case of adjustment, the balance amount is liable to be paid by the complainant,” the order stated.

According to the complaint, the complainants had booked a flat in the respondent’s project ‘Metrozone’ in Anna Nagar on March 15, 2013, and entered into an agreement. Of the total Rs 1.56 crore, the cost of the flat, the complainants had paid Rs 1.46 crore. “As per the construction agreement, the respondent had undertaken to complete the construction and deliver the flat by April, 2005, with a grace period of three months. However, the flat was only handed over only on November 11, 2018,” complainant contended.

The complainants had availed home loan to buy the flat and paying interest. They also lived in a rental house until the completion.

In his order, Saravanan also observed that the payment schedule is linked with the progress of the stage-wise construction. The promoter cannot expect the homebuyer to make payment as per the schedule without completing stage-wise construction.