Mumbai builder will have to pay Rs. 5 lakh as fine to flat buyer

Q: The Consumer Dispute Redressal Forum Mumbai has directed a city-based builder to pay Rs 5 lakh as damages to a buyer for failing to handover the flat and selling the promised flat to a third party.

Abhishek,

3rd November 2015

Real estate News in Mumbai

delay in possession of flat

consumer dispute redressal forum mumbai

illegal selling of flat

habitat panorama versova

habitat construction

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Replies (3)

@Dharmaja,
If complainant was ready to pay the due amount, it was Opponents' legal and duly undertaken responsibility to accept the said amount and to give possession of the flat. However, instead of doing so, they sold the flat already sold to the Complainant to others during the pendency of this Complaint. It is a clear cut case of fraud.

Joydeep D,

4th November 2015

Comment

But the consumer forum has considered that the builder has made a false statement as the construction was completed in 2004 and directed the builder to provide a 887 sq-ft flat to the buyer.

Neeraj Rao,

3rd November 2015

Comment

Hi Neraj,
A baseless statement made by builders and its two partners, saying that they had sent letters to the complainant and had asked him to pay the due amount and take possession of the flat. They have not produced on record any significant proof to verify their previously mentioned statement.

Dharmaja Patel, Mumbai

3rd November 2015

It was a case of ''OOlta Chor Kotwal Ko Daante''. In spite of delay in completing the construction and handing over possession the builder one-sidedly cancelled the agreement entered into with Watwani. The opposition not only committed this act but also sold the flat in dispute to others during the pendency of this complaint.

Neeraj Rao,

3rd November 2015

Hi Abhishek,
It is came to know that Andheri resident Chandru Watwani had entered into an agreement with Habitat Construction for a flat in Panorama, Versova, in July 1991 and paid Rs 6.2 lakh. The flat was to be handed over by March 13,1993. Later, the builder increased the price to Rs 10.64 lakh. In the meantime, with mutual consent, the builder offered another flat which was to be handed over by September 2000.

Neeraj Rao,

3rd November 2015

Comment

But as per the defence lawyer S B Prabhavalkar, builder did not receive the purchase amount from the buyer and other purchasers on time and hence could not complete the construction.

Joydeep D,

3rd November 2015