Builder directed to pay Rs 4L compensation to flat buyer

  • | Thursday | 20th September, 2018

Pune: The district consumer court has directed a builder to pay Rs 4 lakh compensation to a homebuyer for causing inconvenience, mental agony and harassment over delay in giving possession of a flat in a redevelopment scheme that was undertaken in 2002 in Somwar Peth.The court also directed Siddharth Developers, a proprietorship firm headed by Sanjay Sukhlal Ostwal, to pay Rs 1.50 lakh towards rent for alternative accommodation to the homebuyer and Rs 35,000 towards litigation expenses. Notice through advocate was not replied (by the builder),” the bench observed.“There is no challenge to the oral and documentary evidence, hence the complaint deserves to be allowed as the complainant has clearly made out deficiency in service,” the order stated. “Usually, compensation of such high amount is rarely granted in consumer cases,” Pawankumar Bhansali, one of the lawyers who represented complainant Rupshankar Trivedi told TOI on Wednesday.In an order on September 10, the bench of consumer court president Y D Shinde and members Kshitija Kulkarni and Sangita Deshmukh gave 45 days (from the date of receipt of the order) to the builder to comply with its directives by “handing over vacant and peaceful possession of the flat to Trivedi after getting the space vacated” from the existing two occupants who are using the same on a temporary basis. The builder shall be liable to pay interest at 12% per annum if he fails to comply with the order, the bench said.Trivedi’s other lawyer Nilesh Bhandari said, “The court had to proceed ex-parte against the builder after he failed to respond to its notices.”The bench referred to the complainant’s evidence affidavit and supporting documents and said, “The contents of the agreement to sell dated January 22, 2002, corroborate all these contentions of the complainant, including his earlier tenancy with the land owners and promise to pay interest at 12% per annum if there is delay in handing over possession with the stipulated period.”“The letter dated October 16, 2007, sent by the complainant to the builder contains the condition of payment of Rs 1,000 per month as rent.

Pune: The district consumer court has directed a builder to pay Rs 4 lakh compensation to a homebuyer for causing inconvenience, mental agony and harassment over delay in giving possession of a flat in a redevelopment scheme that was undertaken in 2002 in Somwar Peth.The court also directed Siddharth Developers, a proprietorship firm headed by Sanjay Sukhlal Ostwal, to pay Rs 1.50 lakh towards rent for alternative accommodation to the homebuyer and Rs 35,000 towards litigation expenses. “Usually, compensation of such high amount is rarely granted in consumer cases,” Pawankumar Bhansali, one of the lawyers who represented complainant Rupshankar Trivedi told TOI on Wednesday.In an order on September 10, the bench of consumer court president Y D Shinde and members Kshitija Kulkarni and Sangita Deshmukh gave 45 days (from the date of receipt of the order) to the builder to comply with its directives by “handing over vacant and peaceful possession of the flat to Trivedi after getting the space vacated” from the existing two occupants who are using the same on a temporary basis. The builder shall be liable to pay interest at 12% per annum if he fails to comply with the order, the bench said.Trivedi’s other lawyer Nilesh Bhandari said, “The court had to proceed ex-parte against the builder after he failed to respond to its notices.”The bench referred to the complainant’s evidence affidavit and supporting documents and said, “The contents of the agreement to sell dated January 22, 2002, corroborate all these contentions of the complainant, including his earlier tenancy with the land owners and promise to pay interest at 12% per annum if there is delay in handing over possession with the stipulated period.”“The letter dated October 16, 2007, sent by the complainant to the builder contains the condition of payment of Rs 1,000 per month as rent. Notice through advocate was not replied (by the builder),” the bench observed.“There is no challenge to the oral and documentary evidence, hence the complaint deserves to be allowed as the complainant has clearly made out deficiency in service,” the order stated.

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