Complaint puts builder in a bind,consumer forum stays flat sale

Mokashi was the BJP candidate in the elections held in Khadakwasla constituency a few months ago.

Shelke,through his lawyer Dyanraj Sant,has registered a complaint in the consumer court alleging that he was denied possession and agreement papers of the flat despite having paid more than 50 per cent of the total amount.

On September 28,2009,Shelke had booked a flat in Siddhivinayak complex measuring 859 sq ft worth Rs 12.88 lakh at the time of booking. Shelke had said the developers had assured they will execute the agreement in his favour.

His complaint stated that after paying the booking amount of Rs 4 lakh,he paid 4 lakhs more on January 2011 as per the builder’s demand but the builder did not execute an agreement in his favour.

Regular follow-ups with the builder also failed. Finally,on July 24,this year,Shelke wrote to the builder asking him to execute the agreement immediately. Shelke’s letter,however,did not elicit any response from the builder,Shelke stated in his complaint.

On the other hand,on August 16,the builder deposited Rs 8 lakh in Shelke’s account. “When I enquired with him,the builder said that he was refunding the booking amount. He also said that if I had to buy the flat,I will have to book it at the current market rate,” said Shelke.

“When the complaint approached the consumer court,Mokashi,through this lawyer argued that he had taken Rs 8 lakh to raise capital for the project as loan,which was eventually returned to Shelke. Mokashi said that it was not the booking amount for any flat,” said Shelke’s lawyer Sant.

The court refused to buy Mokashi’s argument considering that Shelke had produced the builder’s statements that it was a refund of the booking amount.

Irked by the builder’s behaviour,the court directed Mokashi to not create create third party interest in the said flat i.e not to sell the flat unless the case is settled in the court.