Maharashtra: Builder to pay Rs. 40K compensation to flat buyer
The Thane District Consumer Disputes Redressal Commission has ordered a real estate developer to pay Rs. 40,000 compensation to a flat buyer for indulging in deficiency in service by way of not handing over the property within the stipulated time. The order was issued by the commission's president Milind Sonawane on September 17, the copy of which was made available on Saturday.
Builder has to pay refund of Rs. 1.63L to complainant
Besides the compensation, the commission also asked Sai Raj Builders and Developers and its partners to pay the refund of Rs. 1,63,332 to the complainant along with 10% interest from the date of the payment of this amount on January 9, 2016.
Complainant had booked the flat in 2014
Complainant Chhaya Raju Anand's counsel advocate Ashwini Sarjine told the commission that in 2014, the complainant had booked a 450-sq ft flat in the project being developed by Sai Raj Builders and Developers in Ambarnath for a consideration of Rs. three lakh. Till January 2016, she paid Rs. 1,63,332 and the developer was to give possession of the flat in the next eight months.
Developer has not given possession of flat so far
However, the developer has not given possession of the flat to Anand so far. The complainant sought that the developers be directed either to give possession of the flat or to refund the amount with interest. The commission said that although the complainant has paid a substantial amount, there was no sign that the developer would give possession of the flat to her.
No evidence of when the project would be completed: Commission
The Commission said, "The opponents have committed deficiency in service." "As they have not completed the project and there is no evidence of when it would be completed, it would be appropriate to direct them to refund jointly and severally the amount of Rs. 1,63,332 to the complainant along with 10% interest from the date of the payment," it added.
Builder to pay Rs. 25K for causing mental, physical harassment
The commission also asked the builder and its partner to pay Rs. 25,000 to the complainant for causing mental and physical harassment and Rs. 15,000 toward the cost of the legal proceedings.
