Mumbai: The Maharashtra State Consumer Disputes Redressal Commission on September 17, 2018, passed orders against builder Nirmal Lifestyle who is constructing a structure named ‘Advantage Building’, in Vadavali village, Kalyan East, and had wrongly cancelled two home buyers booking of flat in the year 2013 for non-payment of sale consideration as per their demand letter.
Following which the two complainants Shaista Khan and Shabana Khan both doctors by profession, approached the cosumer court against the builder for deficiency of service and execution of necessary Agreements for Sale and also sought a compensation.
The court asked the builder to execute agreement within two months of passing of this order. Moreover, if the builder fails to excute the agreement then he has to pay Rs 2,000 per month till the execution of the agreement. The court asked the builder to pay a compensation of Rs 50,000 each and Rs5,000 towards litigation cost. It directed to pay the cost and compensation in a month, after that an interest at 9% per annum.
Ajit Salunke, the complainants’ advocate told FPJ, the two home buyers as per the agreed amount with the builder were to purchase two flats for Rs 25 lakh each. “My client also gave the earnest money deposit of 15% of the total cost in 2010, and later asked the builder to execute necessary Agreement for Sale so they can avail a home loan for payment of balance amount. The builder did not do so and demanded more money. My clients could not pay as per demand letter and so the builder cancelled respective booking or allotment of flats,” the advocate said.