Renowned Mumbai-based industrialist, Akshaypat Singhania, Chairman and MD of JK International has moved the NCDRC against Sai Shraddha Associates & Ors for excessive delay in handing over possession of a property he purchased in December 2013. In 2013, Singhania approached Sai Shradha Associates &Ors., along with partner Shankar Jagtap(brother of MLA Laxman Jagtap of PCMC – Pimpri Chinchwad Municipal Corporation) and booked an entire wing in one of their projects named “Wisdom Park”, at village-Balewadi, Taluka-Haveli, Pune.
“While entering into the said Agreement with the builders, Singhania was assured that the Project shall be completed and handed over within one year from the date of the sale, i.e., by December 2014. Of the total of 3 wings in the project, Singhania purchased three flats in Wing A by investing around INR 3 Crore. It soon came to his attention that construction on the said project was not progressing at all and the status was the same as it stood in June 2013”, the official familiar with the case said.
The construction project on the adjacent property which was constructed by Sai Shraddha Associates was complete and purchasers were given possession of their flats. Despite repeated enquiries, Singhania did not receive any concrete response on the tentative date of possession of his flat. As December 2014 approached, it was observed that the construction of Wing A was far from completion – an absolute contrast to the timeline which was promised to him on the purchase.
“It was only after further probing, that the builder, in June 2015, confessed to Singhania that they did not have mandatory clearance from the appropriate authorities to continue the construction work at the project”, he added.
According to the source, the first hearing wasn’t heard due to a time limit and later both the parties agreed for the next date of hearing which is on 9th October 2018.
When Accommodation Times tried to reach Sai Shraddha Associates for more details, there were no proper contact details on the website of said firm.
As of September 2018, Singhania is yet to receive the possession of his flats. Given the builder’s lack of clarity and response, and dissatisfied by the deficiency in service.
Singhania had to resort to legal recourse and hence a complaint was filed with the NCDRC on November 16, 2017.
Singhania stated, “I have filed a police complaint with the Balewadi Police Station, Pune. Even if the builders give possession now, the delay of almost 4 years has caused a great amount of mental agony, harassment and financial loss to me, for which I am liable for the compensation.”
Most consumer grievances relate to delay in possession of their property, unfinished projects, lack of response from builders, absconding builders, poor quality of construction and so on. In the recent times, we have seen a rise in the number of consumer complaints being filed against builders.
“We are doing everything in our power to hit back at the builders and recover the rightful amount. This is a clear case of deficiency of service as per section 2(1)(g) of the Consumer Protection Act, 1986, and many criminal law provisions are also applicable for which we are taking necessary steps,” Advocate Sreerupa Chowdhury, Founder and CEO of Lawfarm commented.