A district consumer commission in an order has directed a builder to refund Rs 32.48 lakh to the complainants for not giving a flat they had paid for. The commission directed that the refund be paid with 15% interest per annum from 2016 onwards till the date of actual payment.
The order dated August 25 was passed by Ravindra Nagre, president and SV Kalal, member of The District Consumer Disputes Redressal Commission, Mumbai Suburban Additional. It was passed on a complaint by Chembur residents Mayuresh Thakur and Manohar Thakur against Richa Homes Private Limited.
The Thakurs, father and son, were looking for a flat when they came across the project being developed by Richa. They booked a flat in 2015 whose total value was Rs 97.87 lakh. Over a period of time, the Thakurs paid Rs32.48 lakh. After paying the money, the sellers made an agreement on a stamp paper amounting to only Rs100. While doing the agreement, they mentioned that the agreement was for 'investment purpose'. Despite five years passing, the sellers did not register the sale agreement with the Thakurs.
When there was no progress in the construction, the Thakurs sought a refund of the amount paid. Richa agreed but did not return the money. Then the Thakurs filed a complaint with the consumer commission. Richa did not respond or appear at the Commission so an ex-parte order was passed against it.
During the hearing, the commission observed that with filed records, it could be seen that the Thakurs had paid the amount. However, not registering the agreement despite that was a violation of The Maharashtra Ownership Flats Act. It added that neither was the flat given nor the refund which was deficiency in service and unfair trade practice. The commission then directed the developer to refund the amount with interest.
