Forum chief A Z Telgote and member Tryambak Thool found Mishra had failed to hand over the flat within the promised time despite getting the entire sum of Rs 8 lakh.
Forum chief A Z Telgote and member Tryambak Thool found Mishra had failed to hand over the flat within the promised time despite getting the entire sum of Rs 8 lakh. In April 2008, based on the buyer’s complaint of defici ency in service, the forum had directed Mishra to hand over the flat to Gulhati with all the amenities, Rs 50,000 as compensation for mental agony and Rs 2,000 towards litigation expenses–within two months. It also directed him to pay Rs 200 per day for each day’s delay . However, more than 100 months later, the buyer’s wait for possession did not end.
The builder challenged the 2008 order all the way to the Supreme Court and lost–the apex court upheld the forum’s order. Mishra said the flat was not handed over to the buyer as he had not made the complete payment and was yet to shell out Rs 1 lakh. The builder said he was ready to give the possession, but was waiting for the balance amount. The buyer said he had paid the full amount.
The forum observed that the builder’s argument about the amount due to him was “raised for the first time“ and that after the April 2013 Supreme Court order, it was “obligatory for him to hand over possession immediately“ which he failed to do, making him liable to face punishment. The forum also observed that till June 2015, the building was not completed as the builder had stated in the affidavit that work on installation of a lift was yet to be completed. On January 4, the forum held that the buil der’s version about money be ing due to him could not be re lied uponand said, “He deliberately av oided complian ce of the order and de prived the buyer of his legitimate right since 2008.“ The Consumer Protection Act provides for penal action when a person fails to comply with an order.
Hailing the order, consumer activist Shirish Deshpande said, “It is not common at all for builders to be sent to prison for failing to comply with a consumer forum or a commission order. Orders like these are rare and serve to send a warning to builders that they should set their house in order.”
The news and data posted here is from various sources, published and electronically available. We have taken all possible care to verify and crosscheck the accuracy of the same. However, despite due diligence, sources may contain occasional errors.www.noidapropertydealers.co.in will not be responsible for any errors in such an instance.