Flat – Transfer Charges by Developer on second sale is illegal

First purchase of the flat in the residential group housing project at Pinjore was made on 30.3.2010.

On 7.10.2018, the complainant had entered into agreement with previous allottee / first purchaser for the residential unit in the Valley project developed by the appellant – developer.

However, the appellant-developer had refused to transfer the unit until payment of transfer charges of Rs.4,13,236/-.

The second purchaser / complainant eventually paid the amount of Rs.47,86,313/- and took possession on 26.4.2019.

HELD that the developer has no longer interest in the subsequent sale of the flat by the original allottee and therefore, the levy of transfer charges on the second sale between original allottee and the second purchaser is illegal and unfair trade practice.

Judgment dated 27.5.2024 of the National Consumer Disputes Redressal Commission in First Appeal No.655 of 2021 of DLF Homes Panchkula Pvt Ltd Vs. Amit Chhokra and two others