Pune builder fails to hand over shop, asked to pay Rs 5 lakh
A Pune-based developer has been penalised by the state consumer commission for failing to hand over possession of a ready shop to a buyer even after accepting the booking amount from him.mumbai Updated: Jun 03, 2011 01:47 IST
A Pune-based developer has been penalised by the state consumer commission for failing to hand over possession of a ready shop to a buyer even after accepting the booking amount from him.
The Maharashtra State Consumer Disputes Redressal Commission directed Yash Developers to pay Rs5 lakh towards compensation, which includes refund of the booking amount, to Alka and Dhananjay Khopade. Besides, the developer has been directed to pay Rs30,000 incurred towards litigation.
In March 2005, Khopades had booked a shop in a project undertaken by the developer at Kothrud and had paid Rs1.51 lakh as booking amount while signing purchase deed for the shop. In September 2006, the developer terminated the agreement citing failure on the couple’s part to pay remaining amount.
The couple moved the Pune consumer forum, which directed the developer to refund the booking amount along with 9% interest from the date of filing the complaint.
Khopades then moved the state consumer commission. They contended that they could not manage to get loan to pay the agreed installments for the said shop as the developer had failed to furnish necessary documents. The developer maintained that since the couple was a defaulter, their sale agreement had to be terminated.
The contention failed to impress a commission bench comprising presiding member SR Khanzode and member SP Lale.
The bench took into consideration the booking amount paid by the couple, and the difference between the price at which the couple had agreed to purchase the shop (Rs5.96 lakh) and the price at which the developer had sold the shop in 2008 (Rs9.11 lakh) to some other person to ascertain the compensation amount.