The Suburban Mumbai’s District Consumer Dispute Redressal Commission has held a Pune-based developer guilty of failing to handover a flat booked in 2020 to a Mumbai resident. The commission has directed the developer, Naiknavare Buildcon Pvt Ltd, to refund the advance payment of Rs 25 lakh and stamp duty of Rs1.81 lakh (with 6% interest from January 2021) made by the complainant, Ashwini Bondale, who lives in Ghatkopar.
The developer has also been directed to pay Rs1 lakh for mental agony caused and Rs10,000 as litigation costs.
Bondale had booked the flat measuring 129.60 sq mt in Eagles Nest Project 3 for Rs48,74,439. She paid Rs25 lakh as advance payment demanded by the developer. Later, whenever she enquired about the registration of the flat, the developer failed to respond.
She petitioned that the developer had not even started with the construction on the site. Despite repeated follow-ups, she was disappointed and hence she approached the commission.
The commission, after going through the complaint, asked the developer to file a reply. However, there was no response from the developer, so the matter was decided ex-parte.
The commission held, “Considering the substantial payment made, it is necessary to decide the case in the interest of justice… The developer is found guilty of deficiency in service and unfair trade practice. The firm is also guilty of delaying the said project. The developer is also held guilty for not refunding the amount received, despite repeated requests and reminders. In these circumstances, the complainant is entitled to get the refund along with interest.”
