Bengaluru builder directed to pay Rs 8 lakh for contract violation

BENGALURU:  The Consumer Commission directed a builder and developer to pay Rs 8.45 lakh compensation for failing to meet contractual obligations in handing over the flat to a buyer in the city.
The Bangalore Urban Second Additional District Consumer Disputes Redressal Commission directed Sri Krishna Excel Stone Builder and Developers to pay Rs 8.45 lakh as compensation to Prashanth Kumar Dhotre, residing in a flat purchased from the builder, at Belagere village of Varthur Hobli, which lacked the facilities and amenities mentioned in the agreement. 

The compensation includes Rs 2 lakh for causing mental agony for failing to provide khata, occupancy certificate, and facilities, Rs 6 lakh with 10 per cent interest from the date of complaint for delay in handing over possession of the flat, Rs 25,000 towards extra amount collected, and also Rs 20,000 for litigation expenses. 

The Commission, comprising president M Shobha, members B Devaraju and V Anuradha, directed the builder to complete construction of all amenities, and provide occupancy certificate and the khata as mentioned in the agreement on April 18, 2015. 

“The builder and developer failed to provide the occupancy certificate, A-Khata, separate electric metre, and water facility to the complainant which amounts to deficiency in service and unfair trade practice,” the commission said.

The complainant has paid Rs 52.12 lakh, and the construction was supposed to be completed on or before December 2015, but there was a delay of 30 months in handing over possession. The agreement showed that the complainant was entitled to Rs 20,000 per month, from April 2016 to September 2018, as compensation for the delay. A notice was served, and the builder appeared but failed to file their version.