It's a stroke of good news for every flat owner promised the earth and then left with just a basic flat and few amenities.
A Mumbai-based construction company has been ordered to pay Rs 10 lakh to a flat owner for failing to provide promised facilities such as a gymnasium, a lift with a swipe-card facility, parking space and space for a society office.
Acting on a complaint filed by retiree Jugraj Madhani, owner of a 1,600-sq-ft flat in Ugam Presidency Society in Juhu, a Mumbai consumer court directed the builders of the housing society - Dev Constructions - to pay up Rs 10 lakh for failing to provide the amenities specified in the purchase agreement.
Madhani first issued a notice to the builder in October 2007 calling upon them to provide common facilities as promised in the purchase deed.
A reply from the builder that they had complied with all provisions of the agreement compelled Madhani to seek legal course. Accordingly, in March 2008 he moved the consumer forum.
Based on the occupancy certificate issued to the housing society by the Brihanmumbai Municipal Corporation (BMC), the Mumbai Suburban District Consumer Disputes Redressal Forum ruled in Madhani's favour, stating that not providing common facilities as promised in the purchase agreement amounted to deficiency of service, and giving the builder eight weeks to pay Madhani Rs 10 lakh for mental agony caused and Rs 5,000 towards litigation costs.
If the construction company unable to pay the penalty within the stipulated time period, it will have to also pay interest at the rate of 9% per annum.