‘Delayed possession’: Builder ordered to refund Rs 80.38 lakh to Himachal homebuyers

4 min readChandigarhJul 17, 2026 02:20 PM IST

The Punjab State Consumer Disputes Redressal Commission also awarded Rs 75,000 as compensation for mental agony and harassment and Rs 35,000 towards litigation expenses.

(Pixabay Photo)

The Punjab State Consumer Disputes Redressal Commission has directed a real estate company to refund over Rs 80.38 lakh, along with 12 per cent annual interest, to two homebuyers for failing to complete construction of flats in a project in Himachal Pradesh within the promised timeline.

The Commission, comprising Justice Raj Shekhar Attri (President) and Member Preetinder Singh, also awarded Rs 75,000 as compensation for mental agony and harassment and Rs 35,000 towards litigation expenses.

“The conduct of the opposite parties in remaining absent from the proceedings and in not availing the opportunities afforded to them clearly demonstrates their lack of interest in contesting the claims raised by the complainants,” the Commission observed in its order on June 24/

“There is nothing on record that possession of the unit in question stood offered and delivered to the complainants. In these circumstances, we cannot make the complainants wait for an indefinite period, at the whims and fancies of the opposite parties. It is settled law that after expiry of the committed date of delivery of possession of the unit/plot, the buyers are at liberty to seek refund of the amount paid and that too with interest and compensation,” it added.

Complaint against Sushma Leisure Homes

According to the complaint, Surinder Kaur and Navdeep Singh Multani had booked a flat in Tower-8 of Sushma Leisure Homes Private Limited’s Sushma Elementa project in Kasauli.

A buyer’s agreement was executed on June 17, 2022, for a sale consideration of Rs 81.71 lakh. The complainants said they paid Rs 80.38 lakh by August 29, 2022, as a down payment, leaving only Rs 1.32 lakh payable at the time of possession. They further submitted that the developer had agreed to pay an assured rent of Rs 20,000 per month until possession, but stopped making payments from July 2024 onwards.

During a visit to the project site in February 2026, the complainants found that Tower-8 had not been completed, with only foundation work in place, and that no proper approach road or promised infrastructure had been provided. They alleged that the developer’s conduct constituted a service deficiency and an unfair trade practice.

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Despite repeated representations, the complainants said the company neither completed the construction nor obtained the occupation or completion certificate nor handed over possession.

Demand for a refund

After the builder and its directors failed to appear despite service of notice, the Commission proceeded ex parte against them. No written statement or evidence was filed on their behalf.

At the final hearing, counsel for the complainants abandoned the primary relief seeking possession of the flat and instead pressed for a refund of the deposited amount with interest, citing the prolonged delay and uncertainty over completion of the project.

Allowing the complaint in part, the Commission directed the developer and its directors, jointly and severally, to refund Rs 80.38 lakh, with 12 per cent annual interest, from the respective deposit dates until realisation.

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The Commission also clarified that the builder would be at liberty to deduct any assured returns or monthly rent already paid to the complainants from the awarded amount.

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Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula).

Professional Background

Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases.

Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region.

Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps.

Recent Notable Articles (Late 2025)

His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns:

1. Legal & CBI Court Verdicts

"12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013.

"‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case.

"Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification.

2. Investigative & Scams

"CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus.

"Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh.

3. Environment & Public Safety

"Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities.

"Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos.

4. Gangster Culture & Crime

"City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules.

"Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26.

Signature Style

Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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Punjab Consumer Disputes Redressal Commission