Mumbai: A district commission directed a building developer to give the area he had not given post redevelopment and rent of over Rs9.75 lakh to tenants of his building. The order also directed a series of measures to be taken by the developer, including paying Rs60,000 towards litigation costs.
The order dated August 29, 2022 (uploaded on November 21) was passed by Sneha S Mhatre (president) and DS Paradkar (member) of the South Mumbai District Consumer Disputes Redressal Commission. The order was passed on a complaint by Byculla resident Mohammed Shafique A Majid and his family members, against MM Enterprises and others.
Four members of the family had filed a joint complaint after getting reduced areas in four shops they were given after redevelopment on the ground floor of Irfan Palace on Sankli Street, Byculla.
The four shops measured around 250sq ft (carpet area). The owner and developer of the building offered Mr Majid and his family the same area after redevelopment, on ownership basis. An agreement was done wherein it was stated that the construction would be done free of cost and a permanent alternate accommodation would be provided. It was also stated that no further contribution would be required except for the membership fee to become a member of the society.
However, post redevelopment, the area of the four shops handed over was around 576sq ft in total. There was a deficit of around 418sq ft and one of the shops was close to a drain. The commission observed that the developers had not registered the respective agreements with the complainants for the respective shops, and that the shops with deficit areas were forcefully handed over.
The commission observed that there was a deficiency in service by the developer. It held that the occupancy certificate was not obtained and even the Cooperative Housing Society of the purchasers of the flats / shops was not formed. The commission also directed that the layout of the building be provided as one of the shops was close to a drain. The developer will have to comply with the order within two months.
