The forum directed the developer to hand over the possession of the flat within 50 days, along with an additional amount of Rs50,000 towards the complainant's expense and litigation cost.
The case dates back to November 29, 2001, when Bhagwan Jadhav, a resident of Kalyan , booked a flat in Lok-Amber Complex built by Lok Housing and Construction company, for a total cost of Rs 4, 42,300 and accordingly an agreement was made for delivery of the apartment before October 31, 2002.
Jadhav had paid the cost minus nine percent. However, since he failed to pay the full amount before-hand, the developer refused to hand over the possession of the flat. Jadhav kept on having regular contact with the developer, but till 2009, the builder was adamant and refused to hand over the possession of the flat without receiving the full payment. Aggrieved by the developer's behavior, Jadhav finally in 2009 approached the forum and filed a complaint against the developer.
Advocate AB Jahagirdaar, appearing on behalf of Jadhav, claimed that, "No doubt my client had not paid the entire amount to the developer before hand, but he was of the view that once he gets the possession of the flat, he would immediately pay the remaining nine per cent of the amount, which comes to Rs70,000. However, the developer refused to hand over the possession of the flat."
The forum after going through the evidence found the builder guilty of providing faulty services. "It is clear from the evidence brought on record that the complainant had already paid more than 90 percent of the cost of the flat and had held back only nine percent of the cost. Rather the complainant was of the view that once the builder hands over the possession of the flat, the complainant would immediately hand over the remaining balance of the flat, but even then the developer failed to hand over the possession."
The forum thus directed Jadhav to pay back the remaining amount to the developer within a period of 40 days and directed the developer to hand over the possession of the flat within 10 days after he gets his remaining amount.