Consumer protection: Buyer entitled to market value if flat is resold

The National Commission condemned the builder for creating third-party rights during litigation, thereby depriving the buyer of a permanent roof over his head

Subhash Ramjang Chourasiya booked a flat in a building to be called Sai Palace, which was to be constructed by Sai Krupa Builders at Village Goddev in Mira Road (East), located in Maharashtra’s Thane District. The building was later named Om Sai Palace.

 

An agreement was executed on August 2, 2007, which provided that Chaurasiya would be allotted flat number 602, having a builtup area of 625 sq ft, for a total consideration of Rs 7.5 lakh. The space for mentioning the date of possession was deliberately left blank.

 

Chaurasiya paid Rs 6 lakh in instalments, about 75 per cent