Delay in project, cost on builders

BANGALORE: The consumer disputes redressal forum has directed Biodiversity Conservation (India) Ltd to pay damages with an interest to petitioners Gopalan Nair and Radha Nair, for not constructing the apartments according to the description given to them at the time of purchase.Biodiversity Conservation (India) Ltd convinced Gopalan Nair and Radha Nair to buy two flats in the apartment complex that would be developed near Yelahanka, for Rs. 84,81,970 and Gopalan and Radha paid Rs. 60,94,000 towards the same in installments. As the builders had not developed the property as assured within the stipulated time and extended the time by six months,  Gopalan and Radha filed a petition in the consumer disputed redressal forum seeking damages and 12 per cent interest towards the amount paid by them from the builder. The petitioners had sought Rs. 11,57,860 as interest for the amount paid by them. The builders contended that Bangalore Development Authority (BDA) had initiated the process to acquire the property in which the apartments were supposed to be constructed. Also, they had filed objections and convinced the authority to spare their land before starting the construction. As the delay in construction was not due to their mistake or negligence but, due to the operation of law. Therefore the petitioners are not entitled for damages or interest. The II Additional Consumer Disputes Redressal Forum examined the email correspondence between the petitioners and the builder in which the builder had agreed to pay 12 per cent interest if they delay handing over the possession of the apartments. The forum directed the builder to adjust the interest amount of Rs. 11,57,860 towards the apartment cost and register the apartment in the name of the petitioners within one month. The forum also directed the builder to pay Rs. 5,000 costs to the petitioners.