Builder told to pay Rs5.8 lakh to flat buyer

The additional Pune district consumer redressal forum has ordered Elpro International Ltd and its officer Pramod Agarwal to compensate Chinchwad resident Santosh Kore by paying him Rs5,88,377 along with 9% interest accrued since January 2010, for not giving him the possession of their flat and changing their booked flat with another one in the same building.

In this regard, Kore had filed a complaint with the consumer forum on January 29, 2010, seeking refund of the booking amount.

Kore had booked a two-and-a-half BHK flat covering 1,253 square feet under a housing scheme by Elpro International Ltd.

Kore had agreed to pay Rs40,22,516 for the flat and paid the booking amount of Rs5,88,377 on November 19, 2007, to Pramod Agarwal through a cheque drawn on Canara Bank’s Chinchwad branch.

Agarwal, on behalf of Elpro International Ltd, had agreed that the possession of the flat will be given within 18 months of payment of the remaining amount. Therefore, no sale deed was executed between Kore and the company.

However, Agarwal did not give possession of the flat to Kore till the end of April 2008, due to delay in construction work at the site. Moreover, Agarwal also changed Kore’s booked flat (701) with flat number 804.

Besides, the company demanded payment of the rest of the money from Kore. As the company stopped the construction work, Kore cancelled his booking and asked it to refund the booking amount. However, the money was not refunded.

After hearing both the sides, Pranalee Sawant, president, consumer forum, ordered the company to refund the booking amount with 9% interest and also pay Rs2,000 as compensation to the complainant.