An article about " Builders to pay for deficiency in service "

Builders to pay for deficiency in service

A consumer forum held a builder guilty of deficiency in services 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 forumrefuted 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, thebuilder had not done the fencing around the house and neither was the approachroad 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 cheated us 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 However, the builder sent back a notice saying that he had withdrawn from the agreement.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 he never 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.