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Kanchan Chaudhari, Hindustan Times
Mumbai, October 07, 2012
The Maharashtra state consumer commission has directed a builder to pay Rs. 87.3 lakh to a Vile Parle family for failing to handover a ready flat of 625-sq-ft carpet area as booked by the family in 2003. The state commission held that Gharonda Construction Private Limited was guilty of deficiency in service and of adopting unfair trade practice for failing to handover a ready flat to Samta Wadi-resident Harshvadan Vyas and his family members despite receiving Rs. 31.5 lakh towards consideration of the flat in Yogi Smruti on Park Road in Vile Parle.

In 2003, Vyas and his family members had booked the flat and had paid a total amount of Rs. 31.5 lakh to the builder. The builder had agreed to handover possession of the ready flat by May 2004.

In February 2010, the family members approached the Consumer Commission through Consumer Welfare Association after finding that the builder was unable to complete the construction.

They sought direction to the builder to either provide them a flat of similar size in the same locality or pay market price of the flat.

Gharonda Construction countered the complaint stating that the project had been delayed owing to civil litigation with the housing society that owned the land, and maintained that they were going to complete construction.

The consumer commission, however, held the builder guilty of deficiency in service and of adopting unfair trade practice.