Hill County Properties Limited, formerly known as Maytas Properties Limited, has been directed to pay compensation of ₹1 lakh apart from refunding money to a petitioner, who had complained of deficiency in service.
The State Consumer Disputes Redressal Forum of Telangana was dealing with a complaint filed by Kukatpally resident Dr. K. Sudhakar (49).
The complainant contended that he had obtained a loan from the State Bank of India (SBI) and paid ₹ 43,76,00 for a flat in Hill County township.
However, till the time of moving the Commission, the construction was incomplete, Dr. Sudhakar alleged, seeking a refund and penalisation of SBI for releasing large amounts to the company without verifying the status of the project.
While the counsel for Hill County said that the apartment construction is now complete, the Commission noted that it was not the case when Dr. Sudhakar sought the termination of the agreement.
The commission also said that it was unjust that the complainant continue to pay the EMI for the apartment.
Judgment cited
“The monies paid by the complainant are lying with the opposite party 1, which is nothing but debt repayable to the complainant,” an excerpt from the judgment reads.
The commission also said that the rules of limitation, which were invoked by the counsel for Hill County, are not meant to destroy the right of parties.
Under fire
Coming down heavily on SBI, which is the second respondent, the Commission noted, “The bank has undoubtedly violated the terms of the tripartite agreement, and released the amount without bothering to verify as to the stage and nature of construction. In other words, the bank financed a non-existent project or incomplete project, duping its own customer.” It also said both parties have shown deficiency in service and unfair trade practices.
Apart from refund and compensation to the petitioner, the Commission directed Hill County to refund the amount it had received from SBI.
