Thane builder asked to pay Rs 2.20 lakh to owner for violation of Maharashtra Flats Act

The forum said that if the builder fails to give possession to Mahendru Singh, it would have to pay a monthly compensation of Rs 5,000 till the compliance of the order.

By: PTI | Thane | Published:October 2, 2016 8:56 pm

Thane District Consumer Redressal Forum has directed a local builder to pay Rs 2.20 lakh as compensation to a man, along with possession of a flat booked by him, in a case of violation of the Maharashtra Ownership Flats Act (MOFA).

Forum President Sneha Mhatre and members Madhuri Vishwarupe and ND Kadam, in their order delivered recently, directed Mahakali Constructions of Nallasopara here to give possession of the flat booked by complainant Mahendru Singh by the end of this year, beside paying the compensation amount by October 21.

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The forum has also said that if the builder fails to give possession to Singh, it would have to pay a monthly compensation of Rs 5,000 till the compliance of the order.

Singh, a Nallasopara resident, had told the forum that in 2011, he had booked a 600 sq.ft flat in a building which was being constructed by Mahakali Constructions. The cost of the flat was Rs 5.62 lakh and Singh had already paid a sum of Rs 4.25 lakh to the builder.

Singh stated that it was agreed upon that the agreement of the flat would be registered by the builder which he did not do and despite several reminders, he was neither handed over the possession of the flat, nor given the refund, following which he filed a complaint with the forum in 2013.

The matter was decided ex-parte against the builder as he did not appear before the forum.

The forum observed that despite the clauses in the agreement, the builder had not given the possession of the flat to the complainant, which in itself amounted to “deficiency in services” by the builder.

“The complainant has already made a payment of more than 20 per cent of the cost of the flat and the builder should have, as per the Maharashtra Ownership Flats (Regulation of promotion of construction, sale, management and transfer) Act, got his flat registered which he did not do. This amounts to deficiency in services,” it observed.

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