Mumbai: The National Consumer Dispute Redressal Commission pulled up Lokhandwala Kataria Construction’s after the firm had forfeited the booking amount of its customer, thus directing it to return Rs 21 lakhs, along with nine per cent interest rate on the amount from 2012.
The commission has asked the developer to pay an additional amount of Rs one lakh towards the complainant’s litigation charges. Saumitra Shaw, a resident of Kolkata, in 2012, had booked a flat in ‘Minerva’ project of the Lokhandwala constructions. Shaw had paid a booking amount of Rs 21 lakhs to the developer.
Later he had received an email from the developer, asking for Rs 2,30, 65,000 as the remaining money. Shaw thus in May, 2012, had issued for a cheque, amount Rs 1,79,00,000, and had asked them to hand over the purchase agreement. The developer did not hand over document. Shaw hence, asked the bank to stop the payment towards the cheque.
Reacting to the same developer had informed Shaw via an e-mail indicating that the paid amount of Rs 21 lakhs, would be forfeited if the amount demanded was not paid. Despite Shaw asking for the purchase agreement of the booked flat, the developer did not provide him with one, rather forfeited the amount.
Aggrieved by the developer, he approached the Commission, and had filed a complaint against Lokhandwala developers. The developer had claimed that Shaw does not qualify himself as a ‘Consumer’ as he is not a Mumbai resident. The National Commission after going through the evidence rejected the developer’s arguments and held him liable for faulty services.
