Skip to main content

State consumer body refuses to help ‘ignorant’ flat purchasers


Refusing to grant relief to, the Maharashtra State Consumer Disputes Redressal Commission rapped three “ignorant” flat purchasers for not getting the necessary information before making the payment.

The three paid a total of Rs. 53 lakh to a developer, Terrain Infrastructure Private Limited, for booking three flats at Vakola in Santacruz (East). They moved the consumer commission after the builder failed to give them possession.

 “These complainants are well-educated and not illiterate persons and certainly they are well aware about provisions of law,” the bench of presiding member Dhanraj Khamatkar and member Narendra Kawde said.

 “None of these complainants have produced the receipts issued to them by the opponents [developer] against the payments made,” the bench said. “Before parting with such huge amounts, the complainants should have insisted on receipts.”

Two of the complaints, Ghatkopar resident Karishma Lalwani and Byculla resident Dr Bhawarlal Jain had paid Rs. 35 lakh and Rs. 9 lakh respectively against total consideration of Rs. 50 lakh for a flat each admeasuring 771 sqft in Terrain Heights at Vakola.

The third complainant, Lamington Road resident Sushil Jain, had paid initial amount of Rs. 9 lakh out of total consideration of Rs. 45 lakh for a flat admeasuring 661 sqft.

They moved the consumer commission last year alleging deficiency on part of the developer and sought direction to the developer to handover the flats and consequent compensation for the delay.

The consumer commission, however, found that two of them had booked flats on the 7th and 9th floors, which were illegal. The commencement certificate granted by the civic body was meant for construction up to sixth floor.

“It was their [complainants] duty to find out whether or not the opponents had requisite permission to construct a particular floor,” the commission said. “Instead of believing the verbal representation, the complainants should have asked for this information and the documents and only thereafter they should have parted with the money.”

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...
2 comments
Read more

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.
2 comments
Read more