Forum orders builder to hand over flat

The Pune District Consumer Forum recently turned down the argument of a city-based developer, Ram India Mittal Township (RIMT) that the stir of the Maharashtra Navnirman Sena (MNS) against north Indians had caused the delay in handing over flat no. 403, fourth floor, building No. A-1 at ‘Life Park’ in Mohammadwadi to Colonel (retd) N Tyagrajan.

The forum ordered the developers, Rahul Agarwal and Vijay Mittal to pay compensation of Rs50,000 and the suit cost of Rs5,000 to the complainant.

The orders were issued on February 24, eight months after the case was filed by Tyagrajan on June 8, 2011.

The complainant said he was supposed to receive possession of the flat by December 2008. He paid the cost of the flat (Rs47,28,525), barring Rs1,00,000 to the developer. Col Tyagrajan had taken loans of Rs15 lakh and Rs10 lakh from State Bank of India and Life Insurance Corporation.

The developer claimed that most labourers working on the project belonged to north India and they left for their native places because of the MNS stir against north Indians in 2008. However, the aspect that the forum stressed on was the MNS stir happened for two months, hence maximum work on the project should have been completed on the possession was to be given in December 2008.

The reports submitted by RIMT architect, Vinod Dhusiya to the complainant said 70% and 85% of the work was completed by January 28, 2009 and March 21, 2009. According to the forum, these facts proved that the builder failed to stand true to the words and failed to give possession to the complainant. The forum ordered the developer to give possession of the flat to the complainant within six weeks from date of receiving the order.