THANE: A builder has been fined Rs 2 lakh for the delay in
handing over possession of three flats to the two buyers and non-compliance of
a written promise to provide basic amenities to the residents of Hill Palace
building near Upvan Lake here. The Thane District Consumer Disputes Redressal
Forum also directed the builder, M/s Patsons Engineers, to pay Rs 10,000
towards cost of legal expenses borne by the two buyers and an additional Rs
1,000 for failing to provide the piped gas line to their flats as the builder
had promised initially in 2006.
President of the consumer forum, R B Somani, and member
Jyoti Iyer ruled in favour of the two residents—Priyank Kumar and Kiran Madhav
Prasad—who had dragged the builder for lapses.
It is learnt that the builder had assured to hand over the
flats in May 2006 and also offered a string of amenities, including a safety
door, power back-up and borewell facility within the premises of the high-rise
overlooking the Yeoor forest in Thane (West).
The two had approached the builder in Feb 2006 and were
convinced into buying three flats of different sizes. An upfront payment of Rs
10.80 lakh, Rs.17.55 lakh and Rs.10.80 lakh respectively was made to the
builder, who assured them of flat possession by May 2006. Besides a collective
Rs 39.15 lakh paid by the duo to the builder, they also shelled out Rs 2.13
lakh towards miscellaneous expenses.
Thirty-three months after the promised date of possession,
the builder handed over keys to the flats in April 2009. Not just that, the
flats were a far cry from what was promised—safety door, power back-up,
borewell, etc were missing from the new flats and neither was any possession
certificate or an Occupation Certificate issued.
The Forum ruled it as “unfair trade practice and sheer
deficiency in services” on part of the builder.
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