A man who paid Rs 37.76 lakh for a 350-square-yard plot in 2006 waited nearly 20 years for possession. Now, the Delhi State Consumer Commission has ordered the developer to return the entire amount with interest, besides paying Rs 1 lakh towards mental agony, harassment and litigation costs, after finding that the promised plot was never handed over despite repeated requests and a legal notice.The Delhi State Consumer Disputes Redressal Commission president Justice Sangita Dhingra Sehgal and member Bimla Kumari were hearing a complaint filed by one Ranbir Singh against a private construction company. The dispute concerned a plot measuring 350 square yards, in the developer’s project at Kundli, Sonipat, Haryana.“The opposite party has not placed on record any material to prove as to what were those reasons which were beyond the control of the opposite party,” the commission said on September 21, rejecting the developer’s explanation that development of certain roads, including the plot in question, had been delayed for reasons beyond its control. “In these circumstances, we are of the considered view that there is deficiency on the part of the opposite party,” it held.The dispute dates back to February 2006, when Singh applied for allotment of a plot. An allotment letter was issued on July 8, 2006, provisionally allotting the plot at a basic price of Rs 35.49 lakh, excluding various charges. However, he paid total Rs 37.76 lakh.Buyer kept seeking possessionAccording to Singh’s complaint, he repeatedly approached the developer seeking possession and was assured that it would be handed over shortly. When possession did not materialise, he wrote to the developer on January 22, 2015, asking it to hand over the plot. However, the developer did not hand over possession following which, Singh served a legal notice on March 25, 2015, demanding possession within one month, but the plot was still not handed over. The developer argued that the complaint was barred by limitation.The commission rejected the objection, noting that Singh had issued the legal notice in March 2015 and filed the complaint on March 30, 2016. It held that the complaint was not barred by limitation. The commission also referred to the principle that failure to hand over possession can give rise to a continuing cause of action.The developer also argued that Singh was not a consumer because he had allegedly invested in the plot for commercial gain, including possible resale. The commission rejected this contention, noting that the developer had not produced material to establish that Singh had purchased the plot for commercial purposes or resale.Story continues below this adIt held that the developer had failed to discharge the burden of proving the allegation and said that it had territorial jurisdiction despite the plot being in Haryana because the developer’s registered office was in New Delhi.During the proceedings, settlement discussions took place and the developer offered Singh an alternative plot. However, he did not accept it, as recorded in an order dated October 16, 2023. The commission held that since the original plot had not been handed over and the alternative plot was not acceptable to Singh, refund of the entire amount with reasonable interest was appropriate.It directed the company to refund Rs 37,76,700 with interest at 6 per cent per annum, calculated from the respective dates of deposit until actual realisation. The developer has been given time until March 21, 2027, to make the payment in six equal monthly instalments. The commission additionally awarded Rs 50,000 for mental agony and harassment and Rs 50,000 towards litigation costs.TakeawayA developer cannot simply cite unexplained delays to avoid its responsibility for failing to hand over an allotted plot. In this case, the commission found that the developer failed to produce material supporting its claim that the delay was beyond its control and held that there was deficiency in service.Story continues below this adFor consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.Do not miss out on these stories:Cleared of negligence, Delhi hospital, doctor to pay Rs 5 lakh to cancer patient’s family‘Green pastures at policy time’: United India to pay trader’s Rs 2.04 lakh theft claimElectric scooter fails twice within 2 months of purchase, Kerala widow wins Rs 1.6 lakh