Mumbai: Flat buyer wins Rs. 5.85 L refund with 8% interest for delay in possession

Mumbai: A district consumer commission has directed a developer to refund Rs. 5.85 lakh booking amount with 8% yearly interest from the date of payment till realisation. It also asked to give Rs. 20,000 for the delay in flat possession and Rs. 10,000 as litigation cost.

Dated Nov 18, the order was passed on the complaint of a Kandivali resident who along with his son had booked two flats in a Nalasopara-based project. Between 2010-12, the complainant and his son had separately paid a total of Rs. 3.75 lakh as booking amounts. The developer had promised to hand over the flats in a month or two.

Later, the developer expressed inability to give possession owing to the 'unforeseen difficulties'. Instead, the complainant was offered a bigger flat–as the deal was made with respect to two flats–in Virar for Rs. 5.85 lakh.

As per the new arrangement, the complainant needed to pay approx Rs. 2 lakh more and the rest would be adjusted with the earlier paid booking amounts. In both the deals, agreements were made but not registered.

Observing that the developer indulged in unfair trade practice, the commission passed the order ex parte as the opponent's lawyer didn't file reply on time