April 2010 TOI, Take a look!!!!!

PANAJI: The state consumer disputes redressal commission has directed a builder to pay an aggrieved customer Rs 5,25,000 with 12 per cent interest and Rs 25,000 towards compensation for harassment and legal costs. The builder, Sagar Builders and Real Estate Developers of Ponda, had appealed to the commission against the order of the North Goa consumer disputes redressal forum which had ordered the builder to pay the client, S Nadkarni, also of Ponda, compensation for deficiency in services.

Nadkarni had entered into an agreement with the builder wherein the latter was to construct and sell her a flat admeasuring 77.80 sq m with other specifications. The total consideration for the flat was Rs 5.5 lakh and Nadkarni was to pay Rs 5.25 lakh within 47 days from the date of signing the agreement.

Nadkarni’s complaint is that despite making the payments and following up with numerous oral requests and letters, the builder has not completed the flat. She said that she had taken a loan to make the payments to the builder and further complained that although the agreed area of the flat was 77.80 sq m, it was less by 3.90 sq m.

Nadkarni also complained that the doors were of poor quality and open casing electrical wiring was used instead of concealed wiring. She prayed that the builder be directed to hand over the flat with an area of 77.80 sq m, with all amenities as agreed upon in the agreement.

As an alternative, Nadkarni prayed that the builder be directed to refund the amount of Rs 5,25,000 and interest at the rate of 18 per cent till the payment of the said money. She also claimed an amount of Rs 50,000 for suffering mental torture and agony and the cost of the legal suit.

The builder, however, argued that the flat was ready for occupation even before the execution of the agreement and that Nadkarni had requested some additional works in the flat. The builder also claimed that Rs 88,000 was due to him from Nadkarni due to the additional work.

The district forum, however, ruled that there was deficiency on the part of the builder. The forum ordered the builder to hand over to Nadkarni the flat with an area of 77.80 sq m or, alternately, to pay her Rs 5.25 lakh with interest at the rate of 12 per cent from the date of receipt of payment till the date of payment made to Nadkarni.

The forum also ordered the builder to pay Nadkarni Rs 25,000 towards mental torture and harassment and legal costs. The builder appealed against the order before the commission. But the commission dismissed the appeal and upheld the order of the district forum.