Mumbai: The National Consumer Disputes Redressal Commission has directed a developer and other parties concerned to refund a booking amount of Rs1.26 crore, with 9% interest for cancelling a flat allotment in an “unfair”, “arbitrary and illegal” manner. It has also directed to pay Rs1 lakh towards litigation costs. Passed on Jan 9, the order has to be complied within two months.
In 2013, the Thane-based complainant had booked a 2 BHK flat worth Rs2.37 crore in a Mahim project helmed by the Ruparel Estates Private Ltd. Initially, he paid Rs25 lakh booking amount and then paid 19 instalments totaling to Rs1.26 crore till 2016 as the deal was agreed on a construction-linked payment plan.
In between, the agreement was made for an increased price of Rs2.39 crore. Soon after, Ruparel demanded another instalment of Rs45 lakh – which was to be paid on completion of the 20th slab. The buyer was given a deadline of March 31, 2016 to make the payment.
According to the complainant, he pointed out to the developer that the construction had reached till 18th slab and even questioned why the deal amount was hiked by Rs2 crore. To which, the project’s managing director said that the price could not be curtailed. The deal was settled at the hiked amount, while asking for the agreement’s execution. But then suddenly the flat allotment was cancelled and no reason was cited for it despite several follow ups, said the complainant.
During the hearing, Ruparel said that the price was hiked owing to the layout changes made by the authorities, while alleging that the allotment was cancelled as the complainant had asked for it. It also said that the flat was booked for earning profit as the buyer had put out a sale advertisement.
The commission rejected both the arguments, stating that there was nothing on record to corroborate the charges.
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