NCDRC Directs Air India To Pursue Civil Remedy In Long-Standing Dispute Over Nabvi Mumbai Flat For 68-Yr-Old Woman

NCDRC Directs Air India To Pursue Civil Remedy In Long-Standing Dispute Over Nabvi Mumbai Flat For 68-Yr-Old Woman

The case centres on Lata Pol’s booking of a flat in Air India Colony, which has been mired in legal wrangling and delays.

Pranali LotlikarUpdated: Wednesday, September 25, 2024, 02:24 AM IST
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The National Consumer Dispute Redressal Commission (NCDRC) has directed Air India Limited to seek a civil remedy in a dispute over a flat in Navi Mumbai involving a 68-year-old woman. The case centres on Lata Pol’s booking of a flat in Air India Colony, which has been mired in legal wrangling and delays.

In 2006, Lata Pol booked a Type B flat for Rs21,68,837, paying an initial booking amount of Rs1,10,034. However, despite follow-ups with the builder, she allegedly did not receive the allotment letter. According to Pol, she was first informed about the details of the flat on October 4, 2010, when Air India informed her that some flat purchasers and employees had approached the High Court, and for the first time, mentioned that a flat of 824 square feet would be allotted to her. She was asked to pay Rs20,46,605 by October 12, 2010.

Pol alleged that after multiple attempts, she was finally issued a no objection certificate in December 2010. She submitted demand drafts totalling Rs9,98,448, which were accepted but not encashed by the builder. Despite her willingness to pay the remaining amount, the matter dragged on, and in June 2014, Air India demanded the full amount of Rs21,68,837. When Pol attempted to comply, she was allegedly threatened with stoppage of her Provident Fund interest unless she returned the letter.

Having waited for years without a resolution, Pol, in 2015, entered and began living in the flat. She issued a legal notice to Air India on October 29, 2015, asking them to execute the agreement for the flat. The company responded but failed to execute the agreement.

The case was first heard by the State Consumer Dispute Redressal Commission, which ruled in favour of Pol in 2019. The state commission directed Air India to execute and register the agreement in favour of Pol after she paid the remaining amount. It also awarded Rs1,00,000 as compensation for the mental agony and hardship she suffered, along with Rs25,000 in legal costs.

Air India, aggrieved by the decision, approached NCDRC. The company argued that Pol had illegally entered the flat by breaking the seal on June 11, 2015, and had taken unauthorised possession. It further stated that several police complaints had been filed regarding her unlawful entry.

After reviewing the evidence, the NCDRC ruled that the matter was a civil dispute, not a consumer issue, and directed Air India to seek remedy from a civil court, thereby dismissing the complaint.

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