Flat purchasers are entitled to the accounts of funds collected by their builder towards various charges. The Maharashtra State Consumer Disputes Redressal Commission has held the builder is bound to furnish to flat purchasers accounts of all the charges, other than the cost of the flat, collected from them.
“Non-furnishing of the accounts to the flat purchaser is, per say, deficiency in service on part of the builder or developer,” the commission observed while directing Vardhman Homes to refund Rs90,450 to a Thane-based couple — Deepa and Dilip Joshi.
Vardhaman, which developed Gawand Baug on Pokharan Road No 2 in Thane, had collected the amount from the retired judge and his wife under various heads such as legal charges for agreement, share application charges, charges for formation and registration of co-operative housing society, proportionate share of taxes, charges for electricity cable and meter, and society office contribution.
The commission held the complainants were right in claiming accounts in respect of these charges.
The couple had purchased a flat in Venus Building at Gawand Baug in September 2009, and found the developer had sold parking spaces to some of the flat purchasers, in breach of provisions of the Maharashtra Ownership of Flats Act, 1963.
They approached the commission after they were restrained by the developer from parking their vehicle in a parking lot allotted by the builder to another flat purchaser.