A Kandivli resident, who had booked a flat in March 2005, has still not got its possession from the builder.
A Kandivli resident, who had booked a flat in March 2005, has still not got its possession from the builder. More than five years on, he has also been paying the EMI of the home loan and living a threatened life for fighting the case against a mighty builder in the consumer court.
Rajesh Sukhthankar, resident of a dilapidated building in Kandivli, had got a notice from BMC to vacate it forcing him to book a flat with Amir Ali Tharani of Oceanic Builders Ltd at Kandivli. The builder had assured to give him possession next month.
Sukhthankar, an LIC employee, registered the flat in Sharda Gram, Mathuradas Road, and waited for its possession as promised by Tharani. During that period, real estate prices started appreciating, because of which the builder started dilly-dallying handing Sukhthankar the possession so that he could pocket some extra money. When the complaint registered with the local police station did not get any response, Sukhthankar approached home minister RR Patil who directed the complaint to the Economic Offence Wing of the crime branch.
The builder, by that time, had fled to Dubai. Despite the red corner notice issued by the police, the builder had been entering the country without any hurdle. Meanwhile, in the ruling (December 2006) in the complaint filed with the district Consumer Dispute Redressed Forum, the builder was ordered to hand over the possession to the consumer in 15 days. The order was challenged in the state commission, which rejected the appeal and reverted the case to the forum.
Before that, the builder was arrested at the international airport in response to the Red Corner Notice and later released on bail. Tharani, who had been challenging the warrants and procedural orders to buy time, ran away from the court in the middle of the proceedings in November 2008. Since then seven warrants issued against him have proved futile. The commission has termed this entire delay as “mockery of justice”.
In its final order, passed few weeks ago, the commission has asked the builder to pay the interest on loan, interest on the cost of registration, Rs15,000 towards the cost of mental harassment and the rent amount the complainant has been paying for alternative accommodation during the period of litigation.
Sukhthankar has been paying an EMI of Rs10,000 towards the home loan taken from a private bank for last five years.
“The bank denied to be party in the case and told me that if I miss three consecutive EMIs, it would go ahead with the auction of the property,” he said. “My entire family has experienced tremendous stress all these years. The builder had gone to the extent of threatening us over phone till this was brought to the notice of the court. His men still resort to threatening, because of which we avoid to even step out of the house after 7 pm.”
Sukhthankar has thanked his counsel Uday Warunjikar and International Consumers Rights Protection Council for their support in the entire fight against the builder.
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