Holding a builder guilty of being deficient in service, the Thane District Consumer's Disputes Redressal Forum has imposed a fine of Rs one lakh on him for not giving possession of a flat to a buyer.
The forum also ordered that in case the builder failed to hand over the possession of the said flat to the buyer as per its order, then he would have to pay a penalty of Rs 500 per day until the house was given to its owner.
The order was delivered last week by Forum president Umesh Jawalikar and member N D Kadam, who heard a complaint filed by flat owner, Bhima Jadhav, a resident of Kalyan.
The complainant had booked a 550 square feet tenement at a cost of Rs 4.95 lakhs in Suchita Apartments constructed by Premnath Vishnu Mhatre of Nilesh Constructions in suburban Dombivali.
In June 2004, Jadhav made Rs 5,000 as initial payment and entered into an agreement with the builder for possession of the flat after a month.
He had obtained a loan of Rs 3 lakh from Kalyan Janata Sahakari Bank for the house purchase and paid Rs 2.7 lakh to the builder through cheque for the same. Besides, he had paid Rs 75,000 cash. Thus, he paid a total of Rs 3.75 lakh.
However, the builder did not give possession of the flat as had been agreed upon, the complainant said and added that despite repeated reminders the respondent did not pay heed to his communications.
Jadhav said that he had offered to make the balance payment at the time of possession, however, the builder was not ready to give him the possession of the flat.
The complainant also told the forum that he had sent the builder legal notice and that too did not have any effect, hence, he had to approach the forum.
