The Maharashtra State Consumer Commission has held Navi Mumbai-based Shri Ganesh Developers guilty of deficiency in service for failing to execute a sale deed, despite accepting a substantial booking amount from Bomma Ramlu.
In June 2007, Mr Ramlu had booked a flat at Sanpada’s Sector 16 in Chaurang building.
He had paid Rs5 lakh at the time of booking. Shri Ganesh Developers did not execute a sale deed in favour of Mr Ramlu. Its counsel contended that the allotment of the flat was cancelled because of non-payment of further instalments. It, however, did not file a written statement to contest the complaint. The Commission found no substance in the developer’s contention. It observed that Shri Ganesh Developers had produced no evidence to suggest that notices had been issued to the flat-buyer, Mr Ramlu, and that he had not paid the demanded instalments. “In the absence of any such evidence, the only contention that for non-payment of remaining amount, Shri Ganesh Developers cancelled the booking cannot be accepted. It is not a legal cancellation,” the Commission observed.
The Commission directed Shri Ganesh Developers to execute a sale deed in favour of Mr Ramlu within six months for the same flat or for a flat of similar measurements in the same project and hand over its possession after receiving balance amount. The Commission also directed the developer to pay Mr Ramlu Rs1 lakh as compensation and an additional Rs10,000 towards litigation costs.
The South Mumbai District Consumer Forum (SMDCF) held that, if a cooperative housing society (CHS) levies and recovers parking charges from a member, it must provide parking space to him/ her. According to the complaint which the SMDCF was adjudicating, Yogesh Shah and his mother Asha bought two flats in the 21-storey Vardhaman Heights in Byculla in December 2007. Vardhaman Estate Corporation assured them of parking spaces for their vehicles. After the CHS was formed, the managing committee, allegedly acting at the behest of Vardhaman Estate Corporation, did not allot parking slots to them.
The Shahs then approached the Forum seeking allotment of two parking spaces. The CHS did not respond to the complaint. Vardhaman Estate Corporation contested the complaint and stated that the CHS had been formed and parking spaces had been allotted to the members.
Finally, the Forum held that a member of a CHS was a consumer under the Consumer Protection Act 1986 and could seek relief. It, however, dismissed the complaint against Vardhaman Estate Corporation. The Forum directed the CHS to allot two parking spaces to the Shahs and pay them Rs10,000 as compensation for mental agony and Rs5,000 towards litigation costs.
Agroup of 25-30 home-buyers, who have been waiting for a housing project in Kharghar in Navi Mumbai to take off for four years, have decided to approach the courts. The builder, Devisha Infrastructure Pvt Ltd, told buyers that administrative delays have hamstrung the project. Home-buyers , however, are not satisfied with the answer.
In 2010, the developer had collected 10% of the flat’s total cost as booking amount but work on the plot had not commenced. The agitated buyers met the Mumbai police commissioner KL Prasad and lodged a complaint. According to the home-buyers, Mr Prasad suggested that they approach the court for relief.