Flat buyer gets Rs 4 lakh compensation from Consumer Forum

The District Consumer Disputes Redressal Forum has ordered a mother-son duo here to pay a compensation of Rs 4 lakh to a flat buyer as they failed to fulfil the conditions in the sale agreement and provide him the tenement.
In their order, Forum President Umesh Jhavalikar and member N D Kadam directed the two to also refund a sum of Rs 1 lakh taken towards advance from the complainant within 75 days of the order else pay a total amount of Rs 6 lakhs (Rs 1 lakh extra) till the realisation of the payment.
The complainant D M Padvi, a resident of Kalyan in his complaint, told the Forum that he had in 2008 purchased a flat owned by couple Sanjay Keshav More and Sunita Keshav More, for a consideration of Rs 8 lakhs. For the same, he had made an initial payment of Rs 1.65 lakhs.

As per the agreement, Mores were to get the housing loan standing on their name transferred to the name of Padvi enabling him to secure a loan from the bank.
However, it was revealed that Mores had not got the flat transfered on their names from the original owner and there was a hitch in getting the loan transferred on the name of Padvi.
Despite repeated reminders, Mores did not complete the formalities and furnish the documents for securing loan from the bank for the payment of balance amount of flat, the Forum was told.

On the other hand, Mores argued that the complainant had not made any effort to get the papers on his name for securing the loan from the bank and hence the delay.

In its order, the Forum observed that the respondents had purchased the flat from one Jyoti Subash Talegaonkar, way back in July 2005.
However, the share certificates had not been transferred on the name of the respondents and also the power bill, property taxes were also on the name of the original owner.
In order to get the bank loan, one has to prove that he is the owner of the flat by providing tax receipts, share certificates, and power bills which the respondents have not done.
It was revealed that even when the respondents did not not possess any of these documents they entered into sale agreement with the complainant.

They have also not provided details of the bank from where the housing loan is to be transferred to the complainant.
The Forum further observed that from the discussions it is seen that after the agreement to sell the flat, the respondents had not fulfilled the conditions spelt out in the agreement and hence the complainant could not not get the housing loan. As a result of which the transaction of purchase of flat remained incomplete.
The complainant had to undergo financial, physical and mental sufferings due to this and hence the respondents are liable to compensate for the same, the Forum ruled.

Holding that there was a deficiency in service by the mother-son duo, it ordered them to compensate the complainant.