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A builder will have to pay a whopping Rs 20 lakh fine to two buyers for delaying handing over possession of their flats,as per the ruling by District Consumer Forum.
The complainants Arul Nadar and Pramila Krishnakumar had booked two flats independently in the posh Sharma Residency at Bhandup. While Nadar booked a 555 sq ft flat in the F wing of the complex,Krishnakumar had booked a 780 sq ft flat in the A wing. In the two different complaints filed before the consumer forum,both buyers claim to have made the first payment of Rs 2.80 lakh as soon as the legal formalities were completed.
According to the complainants,the flats that were booked in 2003 were supposed to be handed over to them within 18 months of the first payment. Nadar said even after the cheque was issued,he had no correspondence from Sharma builders until 2005. Even after several reminders and follow ups,the builder refused to tell us the exact date for the possession of the flats, Nadar said in his complaint.
However,in 2005,after Nadar and Krishnakumar insisted they be given the possession of the flats,builder allegedly claimed that the price of raw material had gone up and hence the possession would be given only after the two agree to pay a revised price. The complainants were told to pay a revised price of Rs 1,875 per sq ft against the original rate of Rs1,550 per sq ft.
Both complainants then approached the consumer forum demanding the possession of the house at their original cost. They also sought Rs 25,000 as compensation for the mental agony caused to them for seven years.
The builder in his defence said the demand was genuine and he had no other option but to ask the buyers to pay as per the market rates.
Rubbishing builders claim,the forum asked him to pay a sum of Rs 10,67,976 along with Rs 5,000 against the cost to Krishnakumar and Rs 8,99,100 to Nadar.
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