Man wins 7L payout for not getting flat possession

Rebecca Samervel TNN 

Mumbai: Failing to give possession of a flat and creating third party interest by selling it to another buyer has cost a builder Rs 6.80 lakh. Alongwith the Rs 9.22 lakh paid as advance and registration charges for the flat, Rishabh Enterprises will have to pay Rs 6.80 lakh compensation to a Goregaon man who had purchased flat in the former’s project but not received possession. 
    Darshan Thakkar had booked the 1BHK flat worth Rs 19 lakh and the agreement was signed on April 30, 2008. Thakkar also paid a total of Rs 9.22 lakh to the builder. But the flat was never handed over to him. After repeated requests, the builder gave a cheque to Thakkar, which bounced. The builder then gave Thakkar three cheques amounting to Rs 3 lakh each. They also bounced due to insufficient funds. Thakkar alleged that the builder had sold the flat to another person. Alleging deficiency and unfair trade practice Thakkar filed a complaint in the Mumbai Suburban District consumer Disputes Redressal forum on May 6, 2011. 
    The forum sent a notice to the builder, but he refused it. An order was passed ex-parte. The forum said the builder had accepted that Thakkar had paid a part of the flat amount. This was evident from the fact that the builder made attempts to return the money to Thakkar. The forum took into consideration documents submitted by Thakkar, including a copy of the cheque and letter sent by the bank after it bounced. The forum held the builder guilty of deficiency in service.


Source::::: The Times of India, 03-09-2012, p.02 . http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW