Mumbai: A district consumer commission has directed a developer and others to provide a flat on the upper floor of a building to a Khar resident that she was to get as per agreement.
The commission has also directed them to give ₹3.02 lakh with 6% interest per annum that the complainant did not receive when additional floors were added to her building in lieu of taxes.
The commission stated that ₹40,000 will have to be paid towards mental agony and litigation costs.
The order, dated March 28 and uploaded recently, was passed by Preethi Chamikutty and Shraddha Jalanapurkar, members of the District Consumer Disputes Redressal Commission, Suburban.
No relief was sought from the society
The order was given on a complaint by Khar resident Sarala Mehta (through constituted attorney and son Nimesh Mehta) against M/s Padiyar Associates, its partners and M/s Bhagwan Co-Operative Housing Society Ltd. The order was against Padiyar and only some partners as others passed away during proceedings. No relief was sought from the society.
Mehta was a member of Bhagwan, which entered into an agreement with Padiyar for construction of additional floors in the building. As per the agreement, the mezzanine floor she was living in would have to be given for stilt parking or other agreed usage and she was to get a flat in the upper floor of the building. This was to be done within 18 months. An agreement was made between her and the developer and its partners in 2003 for the same.
Mehta did not receive either the flat or the money
However, Mehta did not receive either the flat or the money. When she filed a complaint, the developer resisted it saying there were technical and practical problems and that the flat was not given on time because of delay in work. The developer also stated that Mehta did not enter into an agreement on time so there was further delay and she decided to not take the flat when offered in 2008.
During the hearing, the commission said that there was no proof of money being paid to Mehta. It added that there was also no proof that she was asked to take the flat in 2008. The commission, however, agreed that occupation certificates can be procured only after the mezzanine floor is made available. It then directed the developer to procure the OC after getting the possession of the flat in six months.
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