Ghaziabad: The District Consumer Disputes Redressal Commission has directed a builder to refund around Rs 3.7 lakh collected from a prospective flat buyer in 2013, along with 6% interest calculated from the date the buyer filed a complaint in 2022. The builder has been told to pay Rs 15,000 as compensation for mental agony and litigation expenses.The builder did not send any representation during the proceedings and did not file any counterclaim.Commission president Anil Kumar Pundir and members Shailja Sanchan and RP Singh on Oct 22 allowed the complaint against Krishna Infocom, with its registered office in east Delhi, but dismissed it against the second party, Shyam Builders Pvt Ltd, for lack of evidence.“Krishna Infocom is ordered to pay the complainant a sum of Rs 3,65,077, along with 6% annual simple interest from the date of filing of the complaint on Oct 14, 2022, until the actual payment. It should also pay Rs 10,000 as compensation for mental agony and Rs 5,000 as litigation expenses. In case of non-compliance of the order within 30 days, simple interest of 9% instead of 6% will be payable on the amount from the date of filing of the complaint till the actual payment is made,” the commission ruled.Nehru Nagar resident Sushma Gupta filed a complaint on Oct 14, 2022, saying that she had booked a flat with a floor area of 1,205 square feet for an amount of Rs 31,44,790 with Krishna Infocom. She paid Rs 4,05,077 through different cheques as a booking amount by March 5, and an agreement was signed in Aug 2014. After the payment, the builder assured that possession of the flat would be handed over by Jan 2020 and that once the work on the project commenced, the buyer would be required to deposit the balance amount.However, she was not provided any information for a considerable period of time, and work on the project did not commence until the end of 2017. When Gupta demanded a refund of the booking amount, the builder’s firm returned only Rs 1 lakh. The firm said they could not return the full amount and told Gupta that the balance amount would be transferred to Shyam Builders, which was taking up the construction work, and that she should approach them for her flat.Shyam Builders sought a fresh amount of Rs 51,000 for booking a flat with them, and she made the payment on Jan 10, 2018, with Krishna Infocom’s assurance that the balance would be transferred. By March 2021, the balance had not been paid or adjusted with the amount payable to the second builder. Gupta was told she had to make the full payment for booking the flat and that they were not ready to adjust the balance amount from the first party. She subsequently sought relief under the Consumer Protection Act.Notices were served on both the parties, and in the absence of any response, the commission passed an order on Aug 22, 2025, to proceed with the matter ex parte.Having reviewed the records and evidence available on file, the commission concluded that the booking of the flat and the deposit of Rs 4,65,077 were proved. Deficiency of service from Krishna Infocom was proved, it ruled.“As regards to Shyam Builders, a copy of a check for Rs. 51,000 has been presented against him, but sufficient and reliable evidence of actual payment of the amount is not available. Therefore, deficiency in service is not established. Accordingly, the case is dismissed against them,” the commission ruled.
