A complaint filed by former Congress corporator from Thane against a builder boomeranged on him as the District Consumer Dispute Redressal Forum not only dismissed it but also imposed on him a fine of Rs 5,000 for "concealing vital facts".
President of the forum Umesh Jhawalikar and member ND Kadam, in their recent order said that the former Congress corporator of Thane Municipal Corporation, Shaji Jhavir, had concealed vital facts while filing the complaint against a builder.
In his complaint, Jhavir had told the forum that he had booked a flat in Riverwood Park in Kalyan in 2008 and paid an advance amount of Rs 70,000 while the total cost of the flat was Rs 5,04,030. An agreement was also signed as per which it was agreed that the balance amount would be paid to the builder by January 31, 2008.
In his complaint, the former corporator said that although he was ready to pay the balance, the builder had not given possession of the flat to him despite several reminders and sought Rs one lakh compensation and Rs 7,000 per month towards rent and Rs 7,500 for legal and other expenses. He also claimed that the builder had refused to accept the remaining payment.
However, contesting the complaint, the respondents informed the forum that as per the agreement the complainant was required to pay the balance amount before February 2008, which he failed to do.
The builder further told the forum that they made every effort till 2012 to recover the balance amount from him, but since he could not pay, the agreement was cancelled in September 2012.
After hearing both the sides, the forum observed that the complainant had deliberately concealed the vital facts from the forum and did not prove that he had made repeated efforts to make the payment of balance amount to the builder.
The forum not only dismissed the complaint, but also directed the corporator to pay a fine of Rs 5,000 to the builder within 45 days. It also observed that there was no deficiency in service on the part of builders in this case.
