Mumbai builder refuses to hand over flat, told to pay Rs 63 lakh
The state consumer commission has held that a builder is expected to provide necessary documents to a flat purchaser related to the property in order to secure a home loan.
The Maharashtra State Consumer Disputes Redressal Commission made the observation while bringing to book a builder who refused to hand over a flat to a buyer after she delayed making the scheduled payments.
The commission ordered builder Nitin D Patel to refund Rs 40.07 lakh paid by the complainant Tillottama Patade.
Patel was also ordered to pay Rs 21 lakh in interest and a Rs 2.25 lakh compensation. The complainant’s prayer for possession of the flat could not be allowed as it was already sold to a third party.
Patade had booked the 568 sq ft flat in Borivli east for around Rs 40 lakh in 2009 and made various payments. Patade said that after failing to provide the necessary documents, the builder demanded the amount with a 24% interest. She paid a total of Rs 40 lakh but could not pay the interest. The builder threatened to terminate the agreement after which the woman moved the commission.
The commission held that the woman was only demanding the necessary documents to facilitate the availing of loans from the financial institutions.