Ganaraj Group to pay Rs14 lakh for 5-year delay in handing over flat
The Maharashtra State Consumer Disputes Redressal Commission directed a builder, Ganaraj Group, to pay a compensation of Rs13.50 lakh to a Jogeshwari couple (the Dhotres) for a five-year delay in handing over possession of a flat in Thane. The couple had paid more than 95% of the flat’s price of Rs30 lakh. The Commission also directed the builder to hand over the flat within 45 days failing which Rs1,000 per day would be payable to the Dhotres, until handing over of possession of the flat.
 
In March 2007, the Dhotres had entered into a registered agreement to purchase a flat, which was to be constructed and developed by the builder and developers, for a total of Rs30 lakh. The couple had paid Rs29 lakh and, yet, the builder had not handed over possession. Ganaraj Group did not respond to the complainants’ repeated persuasion for handing over possession. The Dhotres filed the complaint before the Commission in 2010.
 
Ganaraj Group alleged that the complaint was not maintainable as the complainants were not a consumer under the provisions of Consumer Protection Act, 1986. While the company accepted that the Dhotres had paid the amount, no reason was mentioned for the abnormal delay.
 
The Commission said that, on carefully going through the written version on record, no tangible reasons were revealed about the delayed possession of the flat. “On going through the registered agreement to sale, we find that the possession was to be delivered on or before November 2009. The terms and conditions set out are binding on the parties. As rightly pleaded by the advocate, the opponents have incurred deficiency of service to the complainants by not delivering the vacant and peaceful possession,” the Commission said.

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Builder, Nilesh Patel, Directed To Pay Rs8 Lakh for Four-year Delay
The Maharashtra State Consumer Disputes Redressal Commission directed a builder, Nilesh Patel, to pay Rs8.3 lakh for a four-year delay in handing over redeveloped property to a Mulund resident, Bhikanrao Kulkarni. 
 
In 1997, Nilesh Patel signed a deal with Mr Kulkarni to redevelop his 2,000 sq ft property and hand it over in two years. Due to the delay, Mr Patel agreed to pay Mr Kulkarni Rs15,000 for every extra month. He handed over the property in 2003. The Commission said that Mr Patel had breached the deal conditions but there was no deficiency of service. “There is inordinate delay in giving out the developed property for which the complainant suffered mental pain and agony,” the Commission said.

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Measurement Certificates To Be Made Mandatory for Registering New Homes
Maharashtra government is planning to issue a circular making measurement certificates from the legal metrology department mandatory for registering new homes. The government feels that this will reduce the discrepancies between the promised and actual size of flats and reduce frauds by builders.
 
The measurement, in sq metres and not sq feet, will be done on the carpet area to do away with the ambiguity caused by terms like built-up area and super built-up area. 
 

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