By I C Naik
A cooperative housing society member successfully fought a Sion-based developer to get damages of `50k besides return of excess money coughed up 10 years ago.
Distressed member get an order from district consumer forum for developer to repay with 10% interest on 85k taken in excess
In a recent order, the district consumer forum in southern sub-urban district of Mumbai has reportedly asked the developer to refund Rs`85,000 with 10 per cent interest from 2004,plus Rs `50,000 for causing mental stress to the aggrieved member of Prashant Mangaldham housing society Kiran Ghadiyalji.
According to Ghadiyalji, his building was redeveloped by M/s Sterling Constructions in 2003 and allotted a flat to him in the redeveloped building for a total cost of `17,35,000.
In September 2004, the possession of the said flat was handed over along with a promise to give necessary share certificates and a residential certificates to the complainant as soon as possible. However, the developer failed to do so.
In the complaint to the district consumer forum, Kiran alleged that that the developer had taken an extra amount of Rs 85,000 towards Rs 25,000 for the share certificate, Rs 35,000 to pay to Mhada, and Rs25,000 as the builder’s expense. The complainant pointed out that the actual expense to procure share certificate was Rs250 and Rs100 to be a member of any cooperative housing society.
When Ghadiyalji demanded from the firm the excess amount, builder played Ghadiyalji had also complained about the poor construction, which had resulted in several leakages in his flat.
Aggrieved by the builder’s indifference Kiran Ghadiyalji approached the forum. Having satisfied with the evidence produced by Ghadiyalji, the forum ruled that the developer repay the complainant the excess amount taken. The developers’ indifference towards the leakage problem, was held as a deficiency of service on his part. Hence, the forum ordered the developer to pay ` 50,000 towards the complainant’s mental stress.
Instances of cooperative housing society members not taking the builders indifference lying low are on the increase. It lends inspiration to the distressed residents to rely on justice system through the redressal forums.
