Archive · 5 Jun 2025
Ghaziabad Builder Ordered to Refund Buyer After Project Cancellation
A woman in Ghaziabad bought a shop in a new building, but the builder stopped the project.
She asked for her money back, but the builder only returned some of it and the rest was returned via checks which bounced.
So she went to a special court for consumer problems.
The court agreed with the woman and told the builder to pay her the remaining money, plus extra money to cover the wait and the costs of going to court.
The builder had tried to argue that the court didn't have the power to help her and that she waited too long to ask for help, but the court said the woman was right and the builder had to pay up.
A real estate developer was ordered to refund Rs 6.5 lakh to a buyer.
The buyer had booked a shop in a commercial complex that was later scrapped.
The buyer had paid around Rs 13 lakh as booking amount in 2015.
The developer returned Rs 6 lakh initially, but two cheques for the remaining amount bounced.
The District Consumer Disputes Redressal Commission ruled in favor of the buyer.
- Who
- District Consumer Disputes Redressal Commission (DCDRC), Airwil Developers, and Suchitra Mahant.
- What
- DCDRC directed a developer to repay a buyer after a project was scrapped.
- When
- The order was issued on May 24, after the buyer filed a petition in April 2017.
- Where
- Ghaziabad
- Why
- The developer failed to refund the advance amount after the project was cancelled.
Buyer's Viewpoint
Developer's Viewpoint
Jurisdiction of DCDRC
Buyer's Viewpoint
The commission stated that the dispute centered on the non-refund of the advance, thus falling within the forum's jurisdiction.
Developer's Viewpoint
The DCDRC's jurisdiction was challenged, as the shop's value was above Rs 20 lakh.
Time-barred Petition
Buyer's Viewpoint
The commission noted that the complaint was filed within the two-year limitation period as the bounced checks were issued in Dec 2015.
Developer's Viewpoint
The developer claimed the petition was time-barred because the deal started in 2014 and the petition was filed in 2017.
- Developer
- Airwil Developers Private Limited
- Complainant
- Suchitra Mahant
- Booking Amount
- Rs 13 lakh
- Refund Ordered
- Rs 6,51,326
- Interest Rate
- 8% annually
- Litigation Costs
- Rs 5,000