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Consumer panel pulls up Navi Mumbai developer

After the developer dodged Dombivli resident's attempts to get back Rs 12 lakh for a flat, forum awards complainant the money and litigation costs

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The Thane district consumer dispute redressal forum recently penalised a Navi Mumbai-based developer, who is guilty of failing to hand over money to a Dombivli resident after the cancellation of their deal. The forum has directed the developer to pay back the promised amount of Rs 12 lakh to the complainant along with an additional amount of Rs 25,000 towards litigation costs. The forum directed the developer to hand over the amount within a period of 60 days, failing which the developer will have to pay back the money with nine per cent interest.

According to the forum's order copy, Pankaj Patil had approached M/s Suraj Enterprises and had booked a flat with one of the developer's projects in Navi Mumbai. Accordingly, Patil paid a booking amount of Rs 7 lakh to the developer and booked a flat measuring 638 sq ft. As per the agreement, the total cost came to Rs 25,67,000.

According to the complainant, even after he paid the booking amount, there was no sign from the developer's end of completing the project. After waiting for a couple of months, the complainant realised that he had been cheated and asked the developer for his booking amount along with an additional amount of Rs five lakh as compensation. The developer issued a cheque worth Rs 12 lakh to Patil. When the complainant went to the bank to encash the amount, the cheque bounced. Bank authorities claim that the bank account was blocked.

After that, whenever the complainant asked developer for a refund, he saw no cooperation. Aggrieved by the developer's attitude, he approached the consumers forum. The forum after going through the complainant's version asked the developer to file his reply. The developer said he was in talks with the complainant and had already paid back Rs 2 lakh. It sought time to settle the matter.

Even after being given time, the developer failed to pay back the amount. He also dodged the forum that wanted a reply.

As a result of his actions, the forum held the developer guilty for negligent behaviour and asked him to refund the entire amount to the complainant.

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