The Thane District Consumer Dispute Redressal Forum recently sentenced a Vasai-based developer, who failed to abide by the Forum’s orders in 2008, to a year’s imprisonment and a fine of Rs10,000. It also stated that if the developer fails to pay the fine, the sentence will be extended by another six months.
Patricia Vinekar had booked a flat in a building being constructed by developer, Bhimsen Sohanlal Bagga. As the builder failed to hand over possession of the flat, Patricia approached the Forum in 2008. The Forum ordered the builder to hand over possession of the flat and to pay the complainant Rs20,000 towards mental agony and Rs5,000 as litigation costs.
The developer appealed against the Forum’s order before the state consumer commission, the national consumer commission and even before the Supreme Court of India, but his plea was turned down at every step. Finally, Patricia approached the Thane Forum pleading for harsher punishment for the developer for failing to abide with the orders.
The District Consumer Disputes Redressal Forum, Chandigarh, has directed UK Homes Private Limited to pay Rs50,000 as compensation for unfair trade practices and deficient services to Manimajra-based residents.
Following a complaint filed by Satish Gour and Dinesh Gautam, residents of Modern Housing Complex, the Forum directed the real estate developer to refund Rs6 lakh paid as booking amount along with 12% interest.
The Forum, presided by Rajan Dewan, held that “The failure on the part of the developer to hand over the possession of the plot in question within the stipulated period or refunding the amount thereof to the complainants, despite requests, certainly amounts to deficiency in service and unfair trade practice.” UK Homes Private Limited would also have to pay Rs7,000 as litigation cost to the complainants. As nobody appeared on behalf of UK Homes Private Limited, the case was taken up ex parte.
The Thane District Consumer Redressal Forum fined Tania Constructions Rs5 lakh for deficiency in service to Tania Kadamb Co-operative Housing Society Ltd. The Society had filed a complaint with the Forum that Tania Constructions, and its managing director Peter Fernandes, had failed to provide amenities as per the sale agreement with the Society.
Forum president Umesh Jhavalikar and member ND Kadam dismissed the builder’s submission and observed that he had failed in his legally bound duty of providing the land rights, the completion certificate and the transfer of rights to the Society. The builder was deficient in his services and violated the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.