The Thane consumer
redressal forum on recently ordered a city builder to pay Rs. 1.45 lakh as
compensation to a property owner for cheating & delaying the possession of
his flat near the Dadoji Kondeo stadium here.
Forum president Mr.
U.V. Javlikar and member Mr. N.D. Kadam directed Moinuddin Badgujar, proprietor
of Messers Royal Developers & Construction, to compensate landlord Mr.
Yusuf Husain Miya Shaikh for defaulting on almost all conditions listed in the
agreement.
Badgujar was in 2004
awarded the contract for redevelopment of Shaikh’s tenements. The contract was
based on the principle of cross-subsidy in which the builder would construct
six flats for Shaikh’s family and the rest and commercial space were to be
retained and sold by him at the prevailing market price. “The entire ground
work for the project was done by us.
Badgujar’s firm
helped only to execute the orders. We were to be given 5 flats of 540 square
feet area each and another smaller flat of 287 square feet area,” said Mr.
Shaikh.
Two years after the
contract was awarded to Royal Developers & Construction company, Mr. Shaikh
noticed deviation in the plans sanctioned by the TMC and the actual constructed
building.
“He has illegally
built 4 commercial shops & other flats which are not part of the plan. The
flat area promised to us and cleared by the civic authorities is not the area
given to us by the builder. I have got 2 flats on the third floor. After I
measured the area, I realized that I have been cheated of 72 square feet. At
the then market price, the builder should pay me Rs. 2.88 lakh for the loss as
it amounts to cheating,” Mr. Shaikh said. He dragged Badgujar to the forum.
The forum directed
the builder to pay Mr. Shaikh Rs. 1.45 lakh and to finish the incomplete works
in 3 months of the order or pay a fine of Rs. 500 per day.
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