30-yr delay in possession: Wins refund with 12% int
Rs 25 lakh paid for 11 commercial units, no delivery yet: Buyer fights against builder Over 30 years’ wait but no possession: What has the
Rs 25 lakh paid for 11 commercial units, no delivery yet: Buyer fights against builder Over 30 years’ wait but no possession: What has the consumer forum ruled? Over three decades ago in 1995, a Mumbai-based resident had paid a sum of Rs 25 lakh to purchase 11 commercial units in a complex located at Jogeshwari (West). The buyer had bought the units to carry on his own business and earn his livelihood through self-employment. However, the builder never started the construction, let alone deliver the booked units.Despite accepting the consideration amount, the builder failed to even start the construction of the project, failing to hand over vacant and peaceful possession of the subject galas. Alleging that the builder committed deficiency in service and indulged in unfair trade practice, the complainant had filed a consumer complaint.The Maharashtra State Consumer Disputes Redressal Commission has now ruled in his favour, holding the developer liable for deficiency in service.Over 30 years ago in 1995, Amish Anantrai Modi had booked some shops in a project for a total consideration of Rs 25 lakh.
In his complaint, the buyer said that he needed suitable commercial premises to expand his existing business activities and earn his livelihood by means of self-employment.A developer launched and developed a commercial project and offered units therein to prospective purchasers. Being induced by the representations and assurances given by the builder regarding the development of the project and delivery of possession within the stipulated period, Amish Modi booked 11 galas/units.He further claimed to have paid the token amount in cash, which was “acknowledged by the opposite party (builder) in their letter of Allotment and balance consideration was paid by the complainant from the bank account of his proprietary firm in 2003.”Despite receiving the consideration amount, the builder failed to complete the project and hand over possession of the allotted premises within the agreed period.
Upon repeatedly insisting for a written assurance, the builder gave over a writing executed on stamp paper dated September 14, 2018. However, Modi stated that the builder failed to specify the date on which the Agreement for Sale would be executed.The commission founder the builder guilty and commenting on its conduct, it stated that despite taking the full money, the builder had "failed to perform their contractual obligation of registering the agreement and handing over possession of the subject premises within the promised period."It also took note of the Allotment letter which showed that the builder had agreed that in the event of cancellation or termination of the said allotment for any reason, they will refund the amount paid with interest at 12% pa on payment made by party.The consumer commission has ordered the developer to refund Rs 25 lakh to the complainant together with a 12% per annum interest from the dates of the respective payments till its realization.
The BriefWire