Residents of Ambika Florence Park in New Chandigarh have secured a significant victory against builder Ambika Realcon Pvt Ltd. The Chandigarh State Consumer Redressal Commission ruled in favour of eleven flat-owners, directing compensation for delayed possession and a 30% refund of maintenance charges due to unmet promises. The builder must pay 9% interest for possession delays and a lump sum for mental distress. The maintenance agency, Shri Vishnu Facilities Management LLP, must refund charges with interest and ensure essential services until promised amenities are delivered. The builder faces penalties if amenities aren't fulfilled within three months.
In a decisive legal triumph, eleven residents of Ambika Florence Park in New Chandigarh have emerged victorious in their battle against Ambika Realcon Pvt Ltd, the builder responsible for their housing society. The landmark decision was handed down by the Chandigarh State Consumer Redressal Commission, marking a significant turn of events for those who had filed grievances against the real estate company.
The residents, comprising eleven flat-owners, filed a collective complaint asserting that they had not received possession of their flats as promised, despite consistently adhering to their payment obligations. The grievance also highlighted the absence of facilities that were originally outlined in the project brochure, raising concerns about the builder's commitment to delivering on its promises.
The Commission's ruling, a beacon of justice for the aggrieved residents, carries notable directives for both Ambika Realcon Pvt Ltd and the maintenance agency, Shri Vishnu Facilities Management LLP. The builder has been instructed to compensate the residents for the delay in possession, with interest accruing at a rate of 9% per annum. This compensation, mandated by the Commission, is to be disbursed within 30 days of the ruling. Failure to comply within this stipulated timeframe will incur a penal interest of 12% per annum.
Simultaneously, the maintenance agency has been directed to refund 30% of the total maintenance charges collected, despite the unfulfilled promises outlined in the project brochure. The refund, accompanied by a 9% per annum interest rate for any delays, is to be completed within 30 days. This dual reparation mechanism underscores the Commission's commitment to addressing both the possession delay and the dissatisfaction arising from unmet amenities.
Beyond financial remedies, the Commission has laid out stringent guidelines to ensure ongoing accountability. The maintenance agency is mandated to guarantee consistent power, power backup, and water supply to the residents. To reinforce compliance, maintenance fees will be charged at 70% of the total until all promised amenities and facilities are delivered by the builder.
Recognizing the mental distress, harassment, and unfair trade practices endured by the residents, the Commission has directed the builder to pay a lump sum compensation of Rs 1 lakh. Additionally, Ambika Realcon Pvt Ltd is tasked with covering the litigation costs amounting to Rs. 35,000 for the complainants within 30 days. This multifaceted compensation approach underscores the Commission's intent to address not only the tangible delays but also the intangible hardships faced by the residents.
In essence, the ruling by the Chandigarh State Consumer Redressal Commission is a comprehensive response to the grievances of Ambika Florence Park residents. It not only holds the builder accountable for tangible delays but also emphasizes the importance of delivering on promises outlined in project brochures, recognizing the broader impact on residents' well-being and quality of life.
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