The state consumer commission has directed a developer to give a Thane resident a flat that he did not get. The commission also directed Rs 3.15 lakhs compensation towards mental harassment and litigation costs. The buyer had also sought possession of a commercial space which the commission declined stating that the complainant did not fulfill the conditions laid down by the National Consumer Commission for the same. The National commission had stated that the agreement be sent to a handwriting expert, which would be liable for counter questioning.
The order dated September 26 was passed by Justice S P Tavade, president and A Z Khwaja, judicial member of the state consumer disputes redressal commission (SCDRC). The order was passed on a complaint by Thane resident Dr. Ramprakash Mishra against M/s Ganeshanand Builders and Developers and its partners. The complaint was heard after it was referred back by the National consumer Disputes Redressal Commission (NCDRC).
Mishra had stated before the commission that he had a clinic measuring 400 sq ft. at Raghunath Nagar in Raj Narayan Mahavir Pathak Chawl, Wagale estate for 15 years. Ganeshanand was developing the larger plot area with other slums and structures. Mishra said that he was offered a residential flat in the building and a commercial space through two agreements in 18 months. However, the developer argued that there was no agreement for commercial space. When the matter was first heard, Mishra was directed to be given the residential flat and Rs 55,000 as compensation. He challenged the order at the National Consumer Commission which referred the matter back with directives.
The state commission said that Mishra failed to fulfil the National Commission's directive of submitting the original copy of the agreement which promised to give commercial space. The agreement was to go to a handwriting expert and the developer was also allowed to question the expert. Since that was not fulfilled, it directed only the residential flat to be given with compensation.
