Consumer forum orders developer to compensate flat buyer

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A flat buyer has received not only her full claim amount, but also some extra amount of cash, after the Thane District Consumer Disputes Redressal Forum passed an order against a Kalyan-based real estate developer.

The order was passed by the President of the Thane District Consumer Redressal Forum president Umesh Jhavalikar and Member N D Kadam after a complaint by Shobha M Deshmukh who had booked a 850 square feet flat sold by M/s Pushkaraj Builders & Developers owned by one Ravindra P Zunzarrao, in Swamiraj Apartments for Rs. 19 lakh.

She had made a payment of Rs. 16.40 lakh in instalments between 2007 and September 2011, including the one taken as loan from a bank, which amounted to 85 per cent of the total cost of the flat.

The agreement for the same was also made on March 30, 2010 and it was agreed that possession of the flat would be given within 18 months.

However, as per complaint to the Thane District Consumer Disputes Redressal Forum, when she got in touch with the developer for taking possession, there no response at all even after she sent him a legal notice.

Hence, she made a claim to the Forum, she sought possession of the flat, transfer documents and 21 per cent interest on the amount she paid so far as well as additional Rs. 2.50 lakhs towards compensation and legal expenses.

M/s Pushkaraj Builders & Developers did not bother present and its case even after the Forum served notice to M/s Pushkaraj Builders & Developers as well as got it published it in newspapers.

Therefore, the case was decided on “ex-parte basis” based on documentary evidence and documents placed before the Forum, it said in its order.

In its order issued on Saturday, January 18, the Forum ordered that the complainant should make her balance payment of Rs. 2.60 lakhs to M/s Pushkaraj Builders & Developers within 60 days and the developer should hand over a completed flat, in every sense of the term, with all formalities within 30 days of the receipt of payment, or else pay a penalty of Rs. 1000 per day of delay.

The real estate developer was also ordered to pay a compensation of Rs. 3 lakh towards losses, mental trauma and legal expenses to the complainant within three months, or else pay an interest at the rate of nine per cent, until the amount is realised, the Forum’s order stated.