Mumbai: Consumer commission asks Andheri housing society to adjust ₹5.6 lakh in maintenance

A district consumer commission, Mumbai Suburban, has directed a Andheri housing society not to charge maintenance from the complainant till six years which comes to approx ₹5.6 lakh as it didn't allow the latter to get rent, which equals the maintenance amount, from the builder during redevelopment. Interestingly, the society had even sold the complainant's flat but later cancelled the deal.

According to the Vile Parle resident, he became a member of the society in 2008 after getting the ownership of a flat, which initially belonged to his father, on the virtue of a gift deed. However, the society comprising BMC employees contended that the father is not the original owner of the flat as the records showed that he had purchased it from someone else.

Society sold complainants flat

As the society rejected the membership of the complainant, he approached the registrar's office. In the meantime, the redevelopment process started and the society even sold the complainant's flat. It further asked the builder to pay rent to the new owner, however, the deal was later canceled. The action was too late as the new owner had already received several rent installments.

The society finally conceded that the aggrieved is the rightful flat owner after the registrar's office passed an order in his favor. The society challenged the order but later filed consent terms with him.

Hearing noted it as deficiency in service

During the hearing, the commission observed that selling a flat to an outsider should have been done after getting intimation from the complainant. The rent was not paid to him only because society passed a resolution to give the money to someone else. This was a deficiency in service, it underlined.

In its March 14 order, which was recently made available, the commission also asked the builder to pay ₹20,000 to the complainant as compensation towards mental agony.