Maharashtra consumer commission orders builder to pay Rs 12 lakh for delay, missing amenities
The
Maharashtra
State Consumer Disputes Redressal Commission bench at Chhatrapati Sambhajinagar found a construction company guilty of
deficiency in service
and directed it to pay over Rs 12 lakh to three complainants for delayed flat possession, missing amenities, and mental harassment.
The bench, comprising presiding member Milind Sonawane and members Dr Nisha Chavhan and Nagesh Kumbre, delivered the order on April 24 after hearing the complaint filed jointly by Manjusha Bharadkar, Sunil Bharadkar, and Saurabh Bharadkar through their lawyer Naseem Shaikh.
Advocate Shaikh told TOI, "The trio booked flats in the builder's project, but the possession was allegedly delayed, and even the essential amenities that were promised at the time of booking the flats were not provided despite full payment."
On hearing both sides, the commission held that the builder's failure to deliver possession on time and non-fulfilment of promised facilities constituted a clear deficiency in service under the
Consumer Protection Act
.
In a key direction, the commission ordered the construction firm '
Golden Dreams Builders Pvt Ltd
' to provide the promised amenities within three months from the date of the order. The commission, in its judgement, mentioned that these amenities include water supply, electricity, parking, compound wall, main entrance gate, underground drainage, and a transformer — all of which were part of the original agreement with the buyers.
Additionally, the construction company was directed to issue the completion certificate for the flats within the same three-month period. As compensation, the commission ordered the company to pay Rs 5 lakh jointly to Manjusha and Sunil Bharadkar and Rs 5 lakh to Saurabh Bharadkar, along with 9% annual interest from the date of complaint filing — August 23, 2018 — until full realisation of the amount. Furthermore, the builder was directed to pay Rs 1.5 lakh towards compensation for mental harassment caused to the complainants and Rs 50,000 towards litigation expenses.
In its detailed order, the commission strongly emphasised that builders must honour their commitments made to homebuyers at the time of agreement and cannot be allowed to ignore contractual obligations after collecting payment. The commission stated that the delay and non-availability of basic infrastructure led to considerable inconvenience, which warranted substantial compensation.
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