The Maharashtra State Consumer Disputes Redressal Commission (MSCDRC) has directed a builder to refund the money paid by the complainant after taking into account that he may not get the flat. The MSCDRCalso asked the builder to pay 12 per cent interest per annum, Rs 2 lakh compensation for mental agony and litigation cost of Rs 25,000.
Ashish D Sanga, resident of Borivali, had booked a flat measuring 469.31 sq. ft. in a proposed project in Malad (south). The flat was being constructed by M/s KD Builders. Sanga paid a total of Rs 18.46 lakh and after booking the flat, an allotment letter was issued to him. However, the builder did not get into agreement of sale even after taking the money.
Sanga during the hearings stated that the builder had agreed to start the construction and complete the same within a period of 2-6 months tentatively. However, despite making several assurances, the builder did not complete the construction.
As per the agreed terms and conditions, the possession was to be delivered by December, 2016, but even the plinth work was not started despite receiving the huge amount from the complainant.
Sanga then approached the commission for the reimbursement of the booking amount as it was not clear that the flat will not be given. He also sought compensation of Rs six lakh. The commission in its order observed that the builder had indulged in unfair trade practice.
