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Couple win battle against delaying builder

Nov 29 2012, 11:03 IST
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SummaryRajesh Varma booked a flat in Alok Jyot building in Goregaon in 1992 and was promised possession by June 1993.

A 15-year wait of a Kandivali couple seeking justice ended on November 6, when Maharashtra State Consumer Commission (MSCC) ordered a builder to return their Rs 3.16 lakh and pay them a compensation of Rs 2.2 lakh within two months for not giving possession of a flat. Failure to pay will entail 18 per cent interest for each day of delay.

Rajesh Varma booked a flat in Alok Jyot building in Goregaon in 1992 and was promised possession by June 1993. However, builder Jagat Parikh refused to hand over the 580-sq-ft flat bought after making payment in three installments. He kept making frivolous excuses such as “stamp duty” was not paid.

In an ex-parte order, MSCC presiding members P N Kashalkar and Dhanraj Khamatkar observed “the complainant needs to be compensated with attractive interest of 18 per cent per annum on the amount he paid and an adequate compensation for mental and physical agony.”

The commission observed the builder intentionally entered into a third-party agreement and denied Varma the right to property for over 20 years despite constant follow-ups.

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