Builder fined Rs 5L for delay in handing over apartment

A Goregaon couple won Rs 5 lakh as compensation from a builder who did not hand over an apartment despite collecting more than 90% of the flat cost from them.

A Goregaon couple won Rs 5 lakh as compensation from a builder who did not hand over an apartment despite collecting more than 90% of the flat cost from them.

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Ameet Israni and his wife Meenal had booked a 1,249 sq ft flat in Bhumiraj Constructions’ ‘Hermitage’ project at Sanpada, Navi Mumbai, for a total cost of Rs 34.65 lakh. By January 2006, the couple had paid Rs 33.1 lakh in installments. An agreement had been registered, the stamp duty paid.

However, on January 4, 2006, the couple was shocked to receive a letter from the developer unilaterally terminating the August 2005 agreement stating that the couple had failed to pay penal interest at the rate of 24% on delayed payments. This compelled the Isranis to approach the Maharashtra State Consumer Disputes Redressal Commission.

The developer argued that the couple had booked the flat when the building was completed up to 12th slab, and therefore, was required to pay an amount of Rs 23 lakh upfront while registering the agreement.