Wednesday 13 April 2016

Consumer Forum Builder asked to pay Rs. 2 lakhs for violating flat Sale Agreement

                                                            consumer Forum





The Maharashtra Sate Consumer Commission directed a Developer to pay compensation of Rs. 2 Lakh to a Thane based couple for cancelling their booking of a flat after the couple refused to pay Rs. 1000 per square feet more than the booking rate.

“This is the best example of how the common man is exploited by Builders”, the bench of presiding member Dhanraj Khamatkar observed while holding Nirmal Lifestyle Private Limited guilty of deficiency in service and of adopting unfair trade practice.

According to the Chairman and Managing Director of Nirmal Lifestyle, they have decided to challenge the order before the National Consumer Commission.

In March 2009, Satish and Shilpa Kolhapure had booked 1,200 square feet flat at the Developer’s Mulund project for Rs 59.35 lakh. Two months later, the Developer executed the agreement. Two days after that, the couple paid Rs. 1 lakh and sought an No Objection Certificate (NOC) from the Developer for a loan of Rs. 50 lakh from State Bank of India (SBI).

A week later, the Developer issued a notice saying the couple owed them Rs 17.2 lakh and had to pay up within 15 days, or shell out the extra money. The Developer then cancelled the booking.

The Developer argued they were justified in demanding the enhanced rate as the couple had defaulted in payment. The Commission dismissed this saying facts show the Developer tried to pressurise them into paying extra, in violation of the agreement’s conditions.

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