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No refund of money or compensation from builder

No refund of money or compensation from builder

The Madras High Court today dismissed two separate petitions filed by 48 persons, who had booked flats in the building that collapsed at Moulivakkam in June, 2014, refusing to order refund of the money they had paid to the builder nor compensation.

“We are not inclined to entertain the writ petitions as we are of the view that to fix liability in the state government for officers not complying with their obligation, a trial would have to be conducted,” said the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana.

The 48 persons had booked flats in the 11-storyed ‘Trust Heights’ at Moulivakkam in Chennai. The under-construction building had collapsed on June 28, 2014, killing around 60 workers.

The petitioners had sought refund of Rs 17.68 crore they had all paid, besides Rs 2.6 crore as reimbursement and Rs 17.68 crore as compensation.

“It would be in the fitness of things that a decision is obtained only after trial,” the judges said.

Pointing out that the affected people had moved the consumer court for compensation, the judges said “we may also note that the petitioners have already filed cases before the consumer forum against the builders and their endeavour to rope in the state government was not successful before the forum on account of jurisdiction of the forum.”

The petition was then dismissed by the bench with the court giving them liberty to pursue their civil remedy in accordance with law.


( Source – PTI )

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