Kalyan builder penalized Rs 3 lakh for delaying flat possession
Jan 27, 2014
Source : The Times of India


THANE: The Thane district consumer redressal forum recently directed a builder in Kalyan to pay a compensation of Rs 3 lakh to a Kalyan resident for not giving possession of a flat she had booked in 2007 though he had received Rs 16.40 lakh, which is 85% of the total flat cost of Rs 19 lakh. The forum further directed the builder, Pushkaraj Builders and Developers to give possession of the 850 sq ft flat within 30 days, failing which they will have to pay penal charges of Rs 1,000 per day of the delay to Shobha Deshmukh, the complainant.

Deshmukh in turn, has been directed to pay the balance flat cost of Rs 2.50 lakh to the builder within 60 days. The issue arose in September 2012 when Deshmukh filed a complaint in the consumer forum. In her complaint, Deshmukh said she had booked a flat in October 2007 in Swamiraj Apartment being constructed by Pushkaraj Builders and Developers in Kalyan (West) for Rs19 lakh. After she paid Rs 8 lakh, the developer in March 2010 executed the sale deed in her favour. The deed had a clause to handover possession of the flat within 18 months.

After registering the sale deed, Deshmukh availed a home loan of Rs 8.40 lakh and gave it to the developer in 2011. Since almost 85% of the flat cost was disbursed, Deshmukh asked the developer for possession of the flat, which the builder refused without reason.

The complainant issued a legal notice to the developer, which went unanswered. In fact, the forum too issued notices to the developer for giving his defence, but he did not respond. Eventually, the forum decided on Deshmukh's complaint ex-parte and relying on the receipts of payments made by the complainant and the copy of the sale deed, held the developer guilty of deficiency in service.

The forum also ordered the developer to obtain Occupancy Certificate (OC) for the building from the Kalyan-Dombivli Municipal Corporation (KDMC) within three months. It, however, rejected the woman's plea for formation and registration of co-operative society of flat owners of Swamiraj Apartment.

Complainant Shobha Deshmukh, issued a legal notice to the developer for not giving her the possession of her flat, even after making 85% of the payment. The developer didn't not reply to the legal notice, reacting on which the redressal forum decided on the complainant's ex-parte and relying on the receipts of payments made by the complainant and the copy of the sale deed, held the developer guilty of deficiency in service

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