Maharashtra consumer commission orders builder to pay Rs 12 lakh for delay, missing amenities
Chhatrapati Sambhajinagar: 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.
Tired of too many ads? go ad free now
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.
Tired of too many ads? go ad free now
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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
27 minutes ago
- Time of India
Vendors told to shift to new Morhabadi market building
Ranchi: The municipal corporation (RMC) on Tuesday formally sent notification to 161 selected vendors asking them to shift to the newly constructed vendor market near the Morabadi electricity office at the earliest. Additional municipal commissioner Sanjay Kumar said, "All allottees are to ensure the timely setup of their shops at the assigned stalls or platforms." He added, "The allotment was conducted with full transparency. Vendors who couldn't be allotted due to document issues can reapply during the second phase." The new market, built at a cost of Rs 1.36 crore with capacity to house 218 vendors, marks a push by the Ranchi Municipal Corporation to decongest footpaths and bring order to the vending ecosystem. Initially, 418 applied in April, out of which 169 were shortlisted based on eligibility, including PM SVANidhi registration and vendor IDs issued before March 5, 2022.
Time of India
27 minutes ago
- Time of India
Bank fraud case: Court rejects plea of accused to take part in trial without bail
Kanpur: Special Judge Companies Act Azad Singh on Tuesday rejected the plea of two accused who sought permission to appear and participate in the trial of Rs 7,820 crore bank fraud case without seeking bail. Tired of too many ads? go ad free now The judicial official not only dismissed their application but also ordered that a date be fixed every week in the case. June 17 has been fixed as the next date of hearing. The accused applicants, Sunil Verma and Anoop Kumar Verma, had submitted an application before the court to allow their participation in the trial. Kaushal Kishore Sharma, special prosecutor for the case, strongly opposed the plea, stating that without obtaining bail they can not be allowed to participate in the proceedings. The Companies Act contains special provisions regarding bail, which override those in the Cr PC. Consequently, the judicial official dismissed the application and fixed June 17 as the next date of hearing. Sharma stated that the Serious Fraud Investigation Office had lodged a complaint against 69 accused on behalf of several banks in bank fraud amounting to Rs 7,820 crore. Some name and famed persons of the city were also implicated in the case while as many as 20 accused were residing abroad and their files had been separated from the main case. Sharma mentioned that the court had already issued a non-bailable warrant against the accused, Satish Chandra Gupta, who is living abroad. The two accused Sunil Verma and Anoop Kumar Badhera had approached the apex court, where an order was passed that no coercive action should be taken against them, although their application is still pending. On Monday last, they moved an application before the court, which was dismissed. Tired of too many ads? go ad free now One of the accused, Vikram Kothari, has died, while others such as Rahul Kothari, builder Vishwanath Gupta, industrialist Suyash Desari and others have obtained bail orders in their favour from the apex court. The special prosecutor added that both accused have also applied for permission to travel abroad, and the court has reserved its order on that prayer. Speaking with TOI, the special prosecutor stated that the accused had formed a company for mercantile trading. They acquired a letter of credit from a bank, claiming that the company would purchase rice from one country and sell it in another. However, they used the funds for personal gains and only displayed sales and purchases on paper. The corporate ministry detected the nexus and ordered the Serious Fraud Investigation Office to lodge a complaint in the Companies Act court in 2020. Kanpur has the Companies Act court, which is the only one in Uttar Pradesh.
Time of India
27 minutes ago
- Time of India
Six firms booked for cheating medical device company of 2.23cr
Surat: Vesu police have registered a case of cheating against the proprietors of six firms from various states for allegedly duping a Surat-based medical device manufacturing company of Rs 2.23 crore. The case was filed following a complaint by Chintan Kapadiya, director of Envision Scientific Pvt Ltd. According to the complaint, Envision Scientific and its associate company, Concept Medical Research Pvt Ltd, supplied medical devices to the six accused firms over the past seven years. Despite repeated notices, emails and payment reminders, the firms allegedly failed to clear their dues. The companies named in the FIR include: Sakshi Enterprise (Raipur, Chhattisgarh), Bright Cardio Care (Perambalur, Tamil Nadu), SVR Medical Technologies (Thane), Meditree Health Solutions (Hyderabad), Hindustan Enterprises (Ranchi), Infinite Medical Solutions (Mumbai). The products supplied included a range of medical devices such as Albuminous, Mitigator, Nostrum and MagicTouch, among others. Kapadiya stated that both Envision Scientific and Concept Medical, which also operates a manufacturing unit in the Sachin industrial area, have faced continuous delays and non-payment from these firms, despite fulfilling all delivery obligations. Vesu police have booked all six firms under relevant sections of the IPC for cheating and initiated an investigation into the matter.
