Mumbai: Mental agony compensation compounded

Directing a builder to give an elderly widow four flats and a shop as promised in the house development agreement, the State Consumer Disputes Redressal Commission (SCDRC) ordered Rs2 lakh as mental agony and Rs50,000 as litigation cost.

Ashutosh M ShuklaUpdated: Thursday, December 01, 2022, 02:07 AM IST
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Photo credit: IANS

Mumbai: Directing a builder to give an elderly widow four flats and a shop as promised in the house development agreement, the State Consumer Disputes Redressal Commission (SCDRC) ordered Rs2 lakh as mental agony and Rs50,000 as litigation cost.

Interestingly, the SCDRC also ordered 9% interest per annum from the date of the complaint in 2018 (nearly additional Rs1 lakh) on the mental agony compensation within three months of the order, failing which 12% interest will have to be paid on Rs2 lakh. The four flats and a shop need to be handed over within six months.

The order dated Nov 16 was passed by SCDRC President SP Tavade and Judicial Member ST Barne on a complaint of Fashi Dashrate Sonavane against M/s Gautam Developers, a development firm and its proprietor, Subhash Sukhani. 

Ms Sonavane wanted to develop her house property in Panvel taluka, but couldn’t do it herself due to financial problems. She entered into a development agreement with some other people, who were unable to execute it and therefore transferred it to M/s Gautam Developers in Dec 2014.

It was decided to complete the construction of flats and shops in 14 months and Sonavane was to get five flats and one shop. However, once the project was complete, she got only one flat that too with electricity and some construction work pending. After follow-ups, when she did not get the flats and the shop, she filed a complaint with the Commission. She also filed a police complaint through her son. The developers neither appeared not filed a written reply at the SCDRC, so the Commission proceeded ex-parte against them.

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