Consumer forum directs Pune builder to refund Rs 10.39 lakh to homebuyer with 9% interest
The forum announced its decision in response to the complaint filed by Nishit Mittal and his wife Bhoomi, residents of Pimple Saudagar who moved an application before the consumer forum against the managing director of Phadnis Properties LtdUpdated: Jan 29, 2019 14:29 IST
The Additional District Consumer Disputes Redressal Forum, Pune directed a real estate developer to refund Rs 10.39 lakh with nine per cent interest to a homebuyer along with Rs 30,000 as compensation for causing inconvenience, mental agony and harassment over the delay in handing over the possession of a flat as per the timeline.
The forum announced its decision in response to the complaint filed by Nishit Mittal and his wife Bhoomi, residents of Pimple Saudagar who moved an application before the consumer forum against the managing director of Phadnis Properties Ltd, from its office in Karve Nagar.
The Mittal’s contended that they had purchased flat no 702 in Eastern Ranges developed and built by Phadnis Properties at Mundhwa, Keshavnagar for Rs 63.96 lakh and in an agreement signed on May 16, 2014, it was agreed that the builder would complete the construction of the said flat on, or before, June 30, 2017; and if he fails to do so, he would refund the amount accepted from the Mittals with nine per cent simple interest.
However, when the Mittals went to see the progress in construction after 12 months, they found out that work had yet to be initiated. The Mittals then filed a complaint, as their enquiry regarding why the construction of their flat was yet to be completed met with a unsatisfactory answer from the builder.
Shubhangi Dunakhe, presiding member of the consumer forum stated, “The builder is using the money for his own benefit. This behaviour amounts to deficiency in service as well as unfair trade practices where the complainant’s are entitled to heavy compensation.” Dunakhe then passed the order directing the builder to refund Rs 10.39 lakh along with a compensation of Rs 30,000 to the couple.