Maharashtra Consumer Commission Orders Builder to Pay Rs 12 Lakh for Delayed Possession and Missing Amenities

Maharashtra Consumer Commission Orders Builder to Pay Rs 12 Lakh for Delayed Possession and Missing Amenities

Maharashtra Consumer Commission Orders Builder to Pay Rs 12 Lakh for Delayed Possession and Missing Amenities

The Maharashtra State Consumer Disputes Redressal Commission has directed a builder to pay over Rs 12 lakh for delayed possession of flats, missing promised amenities, and causing mental harassment. The commission delivered the ruling following a complaint filed by homebuyers who faced significant delays in getting possession of their flats, along with the non-fulfilment of essential amenities that were promised at the time of booking.

The commission found the builder guilty of deficiency in service under the Consumer Protection Act, noting that the failure to deliver possession on time and provide the promised facilities created considerable inconvenience for the homebuyers.

As part of the order, the builder was instructed to provide the promised amenities, including water supply, electricity, parking, drainage, and other essential infrastructure, within three months. Additionally, the builder was directed to issue the completion certificate within the same time frame.

The commission also ordered compensation in the amount of Rs 5 lakh to two complainants and Rs 5 lakh to the third complainant, along with 9% annual interest from the date of the complaint (August 23, 2018) until full payment is made. Furthermore, the builder was directed to pay Rs 1.5 lakh as compensation for mental harassment and Rs 50,000 towards litigation expenses.

The ruling emphasises that builders must fulfil their commitments made at the time of the agreement and cannot ignore contractual obligations after collecting payment, highlighting the importance of timely delivery and provision of promised infrastructure.

About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/