BE CAREFULL while booking ANY FLAT OR PLOT FROM a BUILDER
As a consumer, if you are purchasing any property from any builder be careful at the time of booking plot or flat otherwise you shall be face problem in future like delay in possession, unauthorized building plan or sanction plan, difference in measurement in built up area and super built up area, defective construction and many other problems.
In the many judgment NCDRC (NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION) has asked to the builder to pay compensation to the consumer for deficiency and negligence in services.
In the judgment of Narendra K. Sodhi vs. Nandini N. Jadhav dated 2012-04-16.
Complainants had filed twenty complaints against the builder on the ground that the complainants are in possession of their various respective flats after having paid the consideration amount to the builder as per agreements made between the parties. However, builder did not issue a permanent possession letter to occupation certificate to the flat purchasers. builder after having received the consideration amount has failed to comply with the conditions mentioned in the Registered Agreement in its clause of amenities. District Forum, vide its order dated 23.11.2007, partly allowed the complaints with costs and directed the builder to issue the possession letter and occupation certificate to all the complainants and also to execute the conveyance deed of the land. Besides, that certain other directions were also given to the builder.
M/s Ansal Housing&ConstructionLtd.VsDr.V.B. Gautam & Anr. 2012-05-24
The builder was directed to register sale deed in favour of the complainant as per agreement for which the expenses were to be borne by the complainant and the Complainant will pay Rs.867/- to the OP. OP should put the flat in perfect condition including woodwork, kitchen and bathroom repairs, electrical fittings etc.
On account of delayed possession of the flat, mental agony and harassment, builder was directed to pay Rs.1,00,000/- to the complainant as compensation and Rs.10,000/- towards costs.
M/s Omaxe Limited vsAmit Mishra 2012-09-03
The District Forum in its order of 14.11.2011 relied upon the stipulation in clause 28 (a) of the agreement between the parties, which gave the builder a total of 24 months, (including the extended period), without further extension of time. The District Forum also took note of the condition in clause 21, which required the allottees to pay interest at 24% for delay in payment of instalments beyond one month. Accordingly, the District Forum ordered that:-
“In view of the above findings, the complaint was allowed with the following direction to the builder:-
(i) to pay interest @ 12% per annum to the complainant on Rs.12,90,000/- from 26.8.2010 till the date of its refund i.e. 8.12.2010.
(ii) to pay a sum of Rs.20,000/- to the complainant for harassment and mental agony.
(iii) to pay a sum of Rs.7,000/- to the complainant as costs of litigation.”
After going through the abovementioned judgments passed by the NCDRC we understand that the builders/ construction companies are cheating the consumers on one or the other pretext. As a layman when you purchase any flat or plot kindly read all documents carefully and ask as many questions as you can. If possible kindly enquire from the concerned authorities regarding validation and allotment of the land where the building has to be constructed.