MSCDRC (Maharashtra State Consumer Disputes Redressal Commission) ruled in favour of the legal heirs of the consumer and directed the builder to hand over possession of a flat, as the buyer died during the pendency of the case.
Lily Raj had booked a flat in a building by Saini Builders in Thane (Maharashtra). An agreement was registered in May 1999 according to which she would receive a 560 sq ft flat at a cost of Rs6.75 lakh. Possession was to be given in November 1999. Lily had paid the builder in cash at the time of booking and subsequent instalments by cheque. Even though construction was completed, possession was not handed over by the agreed date. The builder gave a written commitment to either hand over possession by 31 March 2001 with Rs3 lakh compensation for the delay or cancel the booking and pay a lump-sum of Rs8 lakh.
As nothing moved in her favour, Lily complained to MSCDRC. While the complaint was pending, she died and her legal heirs were brought on record. MSCDRC concluded that Lily’s heirs were entitled to get possession of the flat. By its order of 1 July 2015, MSCDRC directed the builder to hand over possession of the flat and pay Rs3 lakh as compensation to the legal heirs and Rs5,000 towards litigation costs.