Pune builder ordered to handover flat, pay Rs 5.85 lakhs compensation

NP NEWS NETWORK 

Pune

A family from Somwar Peth will again have their own home after 15 years wait. The builder had taken land but didnt construct building and on the other hand he had given land two other persons as he was not able to give them flats.

The Pune consumer court has ordered a builder to hand over vacant and peaceful possession of flat no.24-B, admeasuring 155 sq. ft., to the complainant with clear title, after getting it vacated from two other persons, if necessary.

The builder was also directed to pay Rs 1,50,000 in respect to expenditure towards rent, Rs 4,00,000 as compensation for inconvenience, mental agony and harassment and Rs 35,000 towards litigation expenses.

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The order was passed by consumer forum president YD Shinde and members Kshitija Kulkarni and Sangita Deshmukh.

Rupshankar Purushottam Trivedi of Somwar Peth had filed the complaint in 2015 against M/s Siddharth Developers, through it’s prorprietor Sanjay Sukhlal Ostwal of Rasta Peth and Dilip Bhikanrao Gaikwad and Dilip Gangaram Bhalke, both residents of 354, Somwar Peth, near Narpatgiri Chowk.

The complainant had submitted that he was a tenant in the property that was taken by the builder for development and construction from the land owners, and he booked a flat no.24-B admeasuring 155 sq. ft., and necessary agreement was registered on 25/01/2002, builder promising to pay Rs.1,000/- per month towards the rent for the alternative accommodation.

The complainant had deposited Rs 22,000 from time to time. He stated that he used to frequently visit the construction site but after some time he realized that the construction work had stopped and the builder also stopped paying the agreed rent. Therefore, he sent letter dated 16/10/2017 enquiring with the builder for the delay and about the date of possession and the pending dues towards rent.

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He further submitted that after a certain period of time when he visited the site he saw that Gaikwad and Bhalke were in possession of the area on which the flat was to be constructed and they had constructed a tin shed on that area and were residing there. They told him on enquiry that builder had failed to give a flat to them as agreed. Therefore, he had given said premises to them for the time being as a temporary arrangement. He submits that, therefore, he asked the builder to clear all the issues and hand-over vacant and peaceful possession but he failed. He was always ready and willing to make the remaining payment towards the consideration of the said flat but the builder failed to perform his part of the agreement.

Hence, he filed complaint in consumer forum. The complainant asked for directing the builder to get vacated the premises in the temporary possession of Bhalke and Gaikwad, to hand over vacant and peaceful possession of the flat with clear title after obtaining completion certificate, arrears of rent from 25/01/2004 @ Rs 1,000 per month, total Rs.1,50,000/- alongwith interest @ 12% p.a., Rs.4,00,000 for inconvenience, mental agony, loss and hardship and Rs.35,000 towards litigation expenses.

As the builder didn’t appear before the consumer forum, the complaint proceeded ex parte against him and the other two persons.