CAN A builder be held responsible for unfair trade practices if the representative company does not provide possession of an apartment despite executing an agreement and collecting charges? Yes, said the Delhi State Consumer Disputes Redressal Commission while directing a realtor to refund more than Rs 65 lakh besides slapping a fine of Rs 20,000 on him for not providing an apartment to a consumer within the stipulated time. Citing a legal principle, the commission – headed by member Anil Srivastava – said the national consumer commission had on September 19, 2014, ruled that "the act of a builder in not handing over possession of the edifices, even after collecting total charges and executing the agreement, amounts to deceptive practice, and in turn, amounts to unfair trade practice".
