The forum ordered a builder to give possession of a garden flat to Sujata Rahul Gadankush as per the agreement signed between them.
The additional district consumer redressal forum in Pune ordered a builder to give possession of a garden flat to Sujata Rahul Gadankush of Khadki as per the agreement signed between them.
According to Gadankush’s complaint against the builder, Prabhakar Bhosale and his wife Vandana, the Lokshahir Annabhau Sathe Magasvargiya Co-op Society Ltd gave a contract to the Bhosales for constructing residential buildings for its members. Through a sale deed executed on April 21, 2003, both Bhosale and Gadankush fixed the price of the flat at Rs2.5 lakh.
After some days, Bhosale informed Gadankush that if she paid Rs40,000 more, he would provide them a garden flat with the same amenities. Both parties then signed a correction deed.
However, Bhosale did not give possession of the flat. On June 24, 2006, he sent a letter to Gadankush stating that she should pay the remaining amount of the flat and get possession on August 1, 2006, otherwise the price of the flat would go up. However, the builder neither gave possession nor did he refund the money.
In 2009, Bhosale sent a cheque of Rs4 lakh to Gadankush and declared that the sale deed was cancelled. Gadankush filed a complaint through her lawyers, Hrishikesh Ganoo and Suresh Dharampal, with the forum.
President of the forum, Pranali Sawant observed that Gadankush paid a total of Rs3.06 lakh, instead of Rs2.9 lakh. It was also noticed that the builder did not give any notice to Gadankush before cancelling the sale deed.
The forum said that while the case was pending before the forum, Bhosale paid Rs1.41 lakh in the account of GIC Housing Finance through which Gadankush borrowed a loan for the flat, so the complainant should pay Rs1.41 lakh to Bhosale for getting possession of the flat.
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