Builders to Pay for the Delayed Possession of Flats

lawBy Accommodation Times News Services

The Consumer forum had ordered developers to pay the rent of delayed flats or give the possession as soon as they can. Delaying in handling over the ready flats comes under unfair means of trade.

Mumbai suburban district consumer forum has directed one of the developer to do the same. It had made him pay for 24 months and continue to do so. The Maharashtra Ownership of Flats act by Law of land says that the developer should make a full disclosure of marketability of title of the property including any Encrumbrances,  Rights, Claims, Disclosure, list of Amenities, Fixtures, Fitting materials used. Specify date by which possession of the flat would be given. On failure to give possession the developer will be liable on demand to refund the amount along with 90% interest per annum till date of refund. One of the victim Vitthal Dhoke a Mahim resident booked a flat in Madhuban building (Dahisar) E in August 2005, he paid Rs.1 lakh as a booking amount after which he must be getting the possession of flats however he is yet to given. Dhoke in November 2010 approached the consumer forum by CONSUMER WELFARE ASSOCIATIONS to seek the possession of the flat he booked in December 2008. The excuse of the developer was that because of the reservation of a development plan and court matters he could not construct the A wing. The forum investigated and found that the developer had not pre –conditioned any road. The members, president Mr. JL DESHPANDE made it mandatory for the developer to pay Rs.7,000 per month from June 2010 onwards and continue to pay till the flat is handed over to him or make it sure he gets a flat in adjoining vicinity. The forum also made it clear that Dhoke should get Rs 10,000 towards cost of ligitation.

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