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Builder fined Rs. 5 lakhs for deficient services

A builder has been fined Rs 5 lakh by a consumer forum for providing deficient services to a housing society here.

The Tania Kadamb Co-operative Housing Society Ltd in Vasai area here had filed a complaint with Thane District Consumer Redressal Forum that Tania Constructions and its managing director Peter Fernandes had failed to provide amenities, as per the sale agreement with the society.

They had also not provided it the land rights and the completion certificate despite several reminders, the society further complained.

The society sought an order from the forum directing the builder to provide the land rights and the completion certificate, and also to complete the pending and promised works in the complex.

The builder contested that only 70 per cent of the rights of development of the society plot was with him, while the other 30 per cent was with the original land owner.

Forum president Umesh Jhavalikar and member N D Kadam dismissed the builder’s submission and observed that he had failed in his legally bound duty of providing the land rights, the completion certificate and the transfer of rights to the society.

The builder was deficient in his services towards the customers of the society and violated the provisions of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963, the forum observed.

In its order issued last week, the forum fined the builder Rs 5 lakhs and directed him and his firm to complete the pending works as per the agreement within the next 60 days and also arrange for the transfer documents and the completion certificate for the society.

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