Wednesday, July 23, 2008

Consumer court ruling : Builders must fulfil promises mentioned in brochures

‘Builders must fulfil promises’
Consumer Forum Directs Them To Deliver What Is Shown In Brochures
TIMES NEWS NETWORK

Pune: Providing relief to flat owners deprived of amenities by builders, the consumer disputes redressal forum, Pune, in a landmark ruling, has held that a builder will have to provide all the required facilities to a purchaser which he had promised in the brochure.

Even if an agreement between the two parties was silent on providing the amenities, it will be binding on a builder to give facilities which he had promised in the brochure, observed forum president Pradip Gaikwad and member Sulabha Joshi on July 16.
The order was passed on a complaint filed by senior citizen Parshuram Redij of Vijaya Rashmi Residency at Warje Malwadi.
Redij had filed a complaint against M/s Vijaya Rashmi Developers and its partners comprising Marathi actor Ravindra Mahajani of Paud road, Arun Nikam and Harishchandra Nikam, both from Kothrud, for deficiency in service. The firm had published an advertisement in a Marathi daily for undertaking a project at S.No. 43/5 at Warje Malwadi, where it had assured several facilities. Lured by the promises, Redij booked flat no. 4 in the A wing of the building for Rs 6,14,250.
After Redij took possession of the flat on October 30, 1999, he discovered that the promises made by the builder in the brochure that he would construct an internal road, garden, club house, swimming pool and security cabin after the completion of the project were not fulfilled. On various occasions, the senior citizen took up the issue with the firm and its partners. He appealed to them in vain that the needful should be done. Moreover, the flat owners suo moto registered the society by shelling out Rs 75,000.
Arguing in person during the final hearing, Redij alleged that the firm had transferred the development rights to M/s Vaishnavi Shraddha Constructions. He said he had filed a criminal case against the partners, which is pending before the magistrate court here.
Redij appealed to the forum to direct the firm and its partners to execute the sale deed in his favour, provide basic facilities and repay Rs 35,000 as expenditure incurred on registering the society with 18 per cent interest with effect from the date of taking possession of the flat.
On the contrary, the firm had argued that the complaint was barred by the law of limitation and that it had transferred all its rights and liabilities to M/s Vaishnavi Shraddha Constructions. The firm contended that the amenities mentioned in the brochure were not part of the agreement. The forum held that the firm could not be allowed to absolve its liability merely by saying that it had executed a deed of assignment in favour of a third party. The forum further observed that the firm and its partners had induced Redij to purchase the flat on pretext of providing facilities.
The forum directed the firm and the partners to jointly pay Rs 35,000 to Redij with nine per cent interest from October 30, 1999. They were further directed to provide all the facilities mentioned in the brochure and register the conveyance deed and sale deed in his favour as per the provisions of the Maharashtra Ownership Flats Act, 1963. The firm partners have being directed to comply with the order within 3 months.

14 comments:

Anonymous said...

Need the loyers number please call on 99700-89276

sabbalseshu said...

what is loyer???

Anonymous said...

Lawyer

Realty Rider said...

The trend of reconstructing old buildings and turning them into tall towers is slowly catching up in Thane, Mumbai. Quite often, people are cheated by developers during this process due to their ignorance. Mr. Srinivas Ghaisas, a legal advisor from Thane, recently held a discussion with those attending the Aatre Katta session in Thane, where he recommended the following steps to avoid getting duped:
•When you decide to reconstruct the building, call an architect to survey the place and estimate the floors that can be increased and other technical details
•Go for tendering process while selecting a builder
•Shortlist the tender and inquire into information given by the builder in the tenders, most of the work mentioned by them in these tenders did not exist
He also added that, “Take a written offer from the builder and then decide your terms in the society meeting. If the builder is building an extra six floors, it is your right to enjoy some profit earned by the builder. Make your own development agreement and shortlist the demands. Decide which demands are negotiable and which demands are non-negotiable and which could be negotiated. Make a final agreement based on the offer given by the builder and the final demands put forth by you. When the builder knows that he is dealing with knowledge able people he will agree to most of the demands put forth by you."For more view- realtydigest.blogspot.com

Anonymous said...

The person who has fought the case needs to be congratulated publicly. esp in view of the fact that he is a senior citizen. Taking on a mighty community of builders in a tedious legal battle is a truly heroic. The lawyer too deserves a compliment that he could secure a verdict so fast... in a legal scene where judgements of the cases filed by a person are collected by his grandchildren.

I would like to get his name and address if possible. I want to invite him to my residential complex for a talk on how to file and persistently persue consumer cases against builders.

Sakshi

Anonymous said...

Hello all, Please do not go for MS builders Keerthana Apartments in S.G Palya. I verified the documents with my lawyer and it has a civil case in that land. Builder will tell its very old case no issues, Please be aware of that. You also be careful with the guy named Ramesh over there. He is very rude. The market rate in SG palya is only 1700/- he will quote more and the building quality like the wooden frame for the door also not good. Even one of the Telgu carpenter(Giri) told me that the materials used are not good Qualities. I wnted to put my points here.
Thanks.
blore.flat@gmail.com

Anonymous said...

Well I would like to post my comments against Ms Bhoyar Developers of Nagpur....ita benn apathetic experience to buy a house from...I agree that the house is good...but the builder didnt keep most of his commitments...which includes the very basic amenities to list as proper connecting road, ample water supply street lights....these three are the basic necessities which builders dont take consideration of....
its really annoying when you pay a huge some and most of the times spend the major earned portion of your life time in buying a house...and the promised or committed things .....
never turn out as per the expectations....
its very bothering...TO SPEND FIRST ON BUYING...AND THEN FOR AGAIN SPENDING WHILE FIGHTING THE CASE...

Anonymous said...

Be Aware of Bhoomi Developers, Mumbai & thane. Akshay Doshi. Famous for rolling the flat owners money for other projects, not providing possession on time, looonnng follow ups. and third grade construction, useless, courtseyless staff, leakage in flats, third class bathroom fittings, often untraceable builder, has kept goons to threaten, if you protest.... please stay away from this Builder & his projects

Rincy Samuel said...

I am experiencing the same issue of unaccepted delays , no committment ,poor quality of construction , no deadlines, dishonour of aggreement, no compensation with regard to Alpine Builders , Bangalore. Iam seeking to move legal since my pleas have fallen on deaf ears.My question is " When moving againts a builder in consumer court , is there a confirmation that the consumer will win the case ? Usually how much time does it take to achive closure ? What happens if the Builders refuse to comply with the court orders? " Can the government take some serious stand on such fradulent Builders in the interest of the public ?

Anonymous said...

If you are in Bangalore or in Cochin be very careful about Divine homes Builders.they have yet to fulfill the promises mentioned in the brouchure even after 5 years.None of the inmates of the apts constructed by thus so called builder have the backbone to mov eto the Consumer Forum

Anonymous said...

If you are in Bangalore or in Cochin be very careful about Divine homes Builders.they have yet to fulfill the promises mentioned in the brouchure even after 5 years.None of the inmates of the apts constructed by the so called builder M. Biju Sebastian have the backbone to move to the Consumer Forum

Anonymous said...

All this is not true! Everythig done is systematically and on time! The person posting this is obvioulsy our competitor.if anyone has a doubt, come and talk to the staff.and also the things mentioned about leakage and everything is false.

Anonymous said...

We all members are very happy by the service of bhoomi group. We are taking all peacefull possessions as well. All the amineties and facilities are as per the commitment of bhoomi group.

Anonymous said...

I'd like to say I have bought three flats with Bhoomi Builders and they are 100% through thier commitment