In
a recent Court Ruling - Developer gives buyer apartments 9 months late, with
incomplete documents, no Electricity or Water Connection
An Analysis of
the said Judgment the passed by the State Consumer
Disputes Redressal Forum by Adv. R. P. Rathod.
Delayed delivery
of a constructed flat, without
copies of Intimation of Disapproval,
Completion
Certificate and Occupancy
Certificate, amount to clear cut deficiency in service on part of the developer, the Maharashtra State Consumer Disputes
Redressal Commission ruled recently. The consumer commission
directed Lok Housing and
Constructions Ltd. to pay a compensation
of Rs 1 lakh to B Sudhakar Shetty, for handing over possession of two flats
nine months after the scheduled date, without copies of the three certificates
issued by the Brihanmumbai
Municipal Corporation Shetty will also get an additional amount
of Rs. 50,000 towards cost of the litigation.
"The opponents (developer) have committed
deficiency in service by not complying with their contractual and statutory obligations,"
the commission observed. The commission has directed the developer to take
steps for the formation and Registration of
a Co-operative Housing Society of flat purchasers in Lok Everest in Mulund West and to
execute and register conveyance in favour of the society.
Shetty had
booked two flats in Lok Everest in June 1996, and had paid Rs 8.76 lakh in
advance for each flat. In September 1996, the developer issued an allotment
letter to him, stating he would get possession
of the completed flats within two years - by
September 1998.
However, the Sales Agreement was
executed nine years later in August 2005,
and the developer agreed to handover possession of ready flats by March 2006.
But, the complainant got the possession only in December 2006, without Electricity Supply and Municipal Water Connection.
The developer
had contested the complaint denying any deficiency in service on their part,
apart from taking a preliminary objection of
the complaint being time barred, as it was filed belatedly. The commission discarded the objection
stating there was novation of contract, and the fresh agreement was executed only
in August 2005, and there was no
delay in filing of the complaint.
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