The state consumer commission has ordered a builder to either hand over possession of a ready flat in Kalyan to a couple who had booked it five years ago, or pay them Rs 60 lakh, the flat’s current market value.
The Maharashtra State Consumer Disputes Redressal Commission also directed the builder, Padma Constructions, to pay Rs 3 lakh to Anant Ieetkar and his wife Manjusha as compensation for the “mental agony” and Rs30,000 for the litigation expenses they had incurred.
The consumer commission, which passed the order last week, has given the builder 3 months to hand over the flat, failing which he will have to pay Rs 60 lakh.
The couple had booked the 1,047 sq ft (carpet area) flat in Nisarg Anand Residency at Chikanghar in 2008, and the builder executed an agreement for sale after they paid the entire flat cost of Rs18.9 lakh. As per the agreement, Padma Constructions was to hand over the flat within 18 months from the date of the agreement, by September 2010.
The Ieetkars approached the consumer commission after the developer made no move to give them the flat they had paid for.
Padma Constructions admitted to the booking of the flat and execution of agreement, but said the project got delayed because of disputes between partners of the firm.
It expressed willingness to hand over the flat to the couple after getting requisite permissions from the local town planning authority. The consumer commission ruled it was a case of deficiency in service. “Opponents [the builder] have admitted to the booking of the flat and receipt of entire amount of consideration,” it stated.