Pune: Consumer Forum grants relief to complainant for possession delay

ST Staff
Wednesday, 24 June 2020

The possession of the flat was not given even after paying the full amount for the flats. Building work was not completed. Despite paying such a large amount, the complainant had to suffer unnecessary harassment and ill-treatment.

The Consumer Forum gave relief to the complainant, who did not get possession of the flat even after paying the full amount for registration.

Despite paying the total amount for the possession and registration of the flat, the builder refused to give the flat acquisition. Based on this, the customer approached the Pune based consumer forum. On which, the forum directed the builder to give 18 per cent rate of interest along with Rs 12.50 lakh, and additional pay Rs 50,000 as compensation.

Shewalwadi based resident, Nana Dinkar Hake has filled a petition by his lawyer Adv. Ashok Dhoble.

As per Hake petition, Hake had booked a flat with Pranav Developers Properties in their new project of Varad Vinayak, that was being constructed at Indapur. He decided to buy four flats, one under his name, and the other three under the name of his family members. Each flat was worth Rs. 12.50 lakh. The complainant paid the full amount to the concerned builder. Both complainants and builder underwent an agreement. As per the agreement, it was agreed to give the possession by August 2017. The complainant was not given a registered agreement of the flat, till the customer filed a complaint. Both also signed an MoU on a stamp paper of Rs 1000 about the possession of the property.

The possession of the flat was not given even after paying the full amount for the flats. Building work was not completed. Despite paying such a large amount, the complainant had to suffer unnecessary harassment and ill-treatment. The complainant requested the forum to demand possession of the flat, or a refund of Rs. 12.50 lakh with 18 per cent rate of interest per annum and compensation of Rs. 1.25 lakh for mental, physical and financial hardship.

The consumer forum of the Additional District Consumer Grievance Redressal Forum President, J. V. Deshmukh and it's members, Shubhangi Dunakhe and Anil Javalekar observed, "Hake had filed before forum the statement of his bank account details and the transaction between them as evidence of the amount paid to the builder. Despite taking money from the complainant, he did not give the possession of the flat, which is an error in the service and leads to deficiency in service. Also, Rs 12.50 Lakh paid by the complainant for the flat should be returned to him at 18 per cent interest as well as Rs 50,000 should be paid as the compensation amount."

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