A flat that was never delivered: IAF officer wins legal battle against builder
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Mohali: In a landmark decision that underscores the power of persistence and the importance of consumer rights, the District Consumer Disputes Redressal Commission in Mohali has ruled in favour of Nameeta Rajput, a 49-year-old Indian Air Force officer, in her long-standing dispute with real estate developer Palm Heights Pvt.
Ltd.
Rajput, currently posted at 3BRD Chandigarh, had booked a 3BHK flat in Palm Heights project at Derabassi back in 2015. Like many homebuyers, she dreamed of a secure future in her own home. But what followed was a near-decade-long ordeal marked by broken promises, financial strain, and legal battles.
Due to rising EMI burdens, Rajput later opted for a smaller 1BHK unit. Despite assurances, she never received possession of the flat.
Instead, she was bombarded with legal notices from ICICI Home Finance over unpaid EMIs — on a loan she had taken in good faith, expecting the builder to fulfill their end of the bargain.
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She had paid Rs 3.5 lakh (including Rs 1 lakh allegedly in cash) and secured a Rs 13.15 lakh home loan, of which Rs 10.52 lakh was disbursed to the builder. But the builder denied receiving the full amount and even questioned the existence of a valid agreement after the switch to the smaller unit.
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After years of silence and inaction from the builder, Rajput sent a legal notice in April 2021. When that too was ignored, she filed a formal complaint in July 2021. The builder tried to dismiss her as an investor rather than a genuine consumer, a claim the commission firmly rejected.
Following a thorough review of documents, affidavits, and site photographs, the commission found Palm Heights Pvt Ltd guilty of deficiency in service and unfair trade practices. The commission ordered the builder to refund Rs 2.5 lakh with 9% annual interest, full settlement of the outstanding home loan with ICICI Home Finance, correction of Rajput's CIBIL score and pay Rs 25,000 in compensation for mental harassment and litigation costs.
The commission has given the builder 30 days to comply, failing which the interest rate will rise to 12% per annum.
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