The National Consumer Disputes Redressal Commission (NCDRC) on March 5 directed a Bengaluru-based vineyard developer to compensate complaints by paying a sum amounting to ₹1.37 crore, after land owners alleged that the land given to them was not as per the agreement. The NCDRC directed the developer to pay the sum within three months.
The complaint was filed by Kochi-based Vineyard Meadows Villa Owners, a group of land owners who had entered into an agreement with Hebron Developers. It was alleged that the developers did not hand over the amount of land that was agreed upon by the two sides.
Claiming a compensation of ₹5 crore along with interest, the association sought relief from the apex consumer court and directions to the developers to provide land for common facilities such as place for a health care centre and supermarket, as mentioned in the agreement.
Boundaries reset
The developers contended that a survey was conducted by the revenue authorities in 2007 and the boundaries were reset.
“It is alleged that on one side of the whole property, there is a river and on the other side, there is a paddy field. A drainage canal is constructed by the government on the opposite side of the river, for which a considerable area had to be set apart,” read the contention put forth by the developers.
However, dismissing the arguments put forth by the developers, the national consumer disputes redressal forum held, “The government could not have constructed a canal on a private land which the villa buyers had handed over to the opposite party for development and construction of villas. If the opposite party (developer) has failed to protect part of the land meant for common facilities and amenities, it is required to compensate the villa buyers for the loss of such land.”
Directing the developer to compensate the villa owners, the NCDRC held that out of the total amount, ₹26.5 lakhs would be “paid equally” to all the villa owners while the remaining amount of ₹1.11 crore would have to be divided amongst the 21 villa owners.
