A district consumer commission has directed a developer to refund a senior citizen amount it had taken towards club house service, which the senior citizen never received. The senior citizen had purchased a flat from the developer in 2010 and two years later the developer offered the senior citizen that he could avail club house facilities by paying ₹50,000. However, despite a wait of over 10 years the facility was never provided. The senior citizen eventually sold his flat but decided to seek a refund even after selling the flat. The commission ruled in senior citizen's favour and directed the developer to pay interest and compensation.
The order dated October 5 was passed by Ravindra Nagre, president and S V Kalal, member of the District Consumer Disputes Redressal Commission Mumbai Suburban Additional. The order was passed on a complaint of Andheri resident Tryambak Kulkarni against Pranjee Properties Private Limited through its director, Prakash Sharma.
Repeated attempts to seek the club house service
Kulkarni had made repeated attempts to seek the club house service. When it was not provided, he sought a refund of the amount that he had paid. Eventually Kulkarni filed a consumer complaint. The developer did not respond to the commission's notice so an order to move ex-parte was passed against it. However, the commission considered the reply the developer had given to the senior citizen for not refunding the money.
The developer stated that there was a clause that club service will be given after phase wise construction of all buildings and not just that of the complainant. The developer also argued that since complainant had sold his flat, getting money from the new buyer for the club house service will depend on whether he will avail club house service. The commission stated that having a clause that is unfair to buyers is unfair trade practice and not giving club house service even after 10-12 years of time lapsing was deficiency in service. It ordered the developer to refund ₹50,000 with seven percent interest per annum and ₹8,000 towards mental agony and litigation cost. If the compensation amount is not paid in 30 days, it will attract further interest of five percent per annum.
