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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