A consumer forum held a builder guilty of deficiency inservices after bungalows he was supposed to provide two families at Karjat were
delayed, and were not according to specifications in the agreement.
Chetan Suchak of Suchak Properties was ordered to hand
over the bungalows according to the agreement and pay the complainants from
Kalyan, Gyanendra Verma and Gajinder and Sudha Saini Rs.2.30 lakh compensation
for financial hardships and mental agony caused due to the delay.
The South Mumbai district consumer disputes redressal
forum refuted the builder's claim that he did not give possession as the
complainants refused to pay certain taxes and maintenance. It said that the
builder has used unfair trade practices since he sought maintenance without
handing over possession, which was against the law.
On January 17,2007, the Sainis booked a 451 sq. metre
plot on which a 700 sq.ft bungalow would be constructed for Rs.13. 7 lakh,
while on March 13, 2007, Verma had booked a 180 sq. meter plot in that area for
Rs.11.12 lakh. The complainants said that according to the agreement the
builder was to hand over possession of both bungalows with amenities within 210
days or by July 27, 2007. Both complainants paid the builder the entire amount
before construction began.
Verma said that even after seven months of the
agreement, the builder did not start construction, which was a deficiency in service. He also stated he had to take a bank loan to buy the property.
The complainants paid the builder additional money
after he stated that the prices of raw materials had risen. According to the
Sainis, the builder had not done the fencing around the house and neither was
the approach road constructed. "Even water and electricity connections were not in place," they said in the complaint. The builder had also used
plaster of Paris instead of cement for the interiors. "The builder cheat edus and caused us financial damage," they added.
In August 2008, the complainants sent notices to the builder
seeking possession within 15 days. However, the builder sent back a notice
saying that he had withdrawn from the agreement. Finally, they filed complaints
in the forum on October 6, 2008.
The builder refuted the allegations and claimed henever received the money. He also said that the complainants changed their
plans, which led to the delay.
The forum ordered him to pay Rs: 1 lakh each for
causing financial hardship, Rs.I0,000/- for mental agony and Rs.5,000/- towards
costs of litigation.
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