Builder asked to pay Rupees 16 lakh for delay in flat delivery
Delay in the delivery of flat forced a Kochi based builder to pay 16 Lakh to the buyer
A Kochi based builder has been penalized by KSCDRC or the Kerala State Consumer Disputes Redressal Commission as it failed to deliver a flat to the resident of the city. KS Vishnu, the complainant approached the Kerala State Consumer Disputes Redressal Commission against Pranavah Promoters (P) Ltd, a builder with its office located at Panampilly Nagar in Ernakulam. The c omplaint was regarding the builder’s failure to deliver the flat as per the agreement within 20 months.
KSCDRC spoke to both the parties and after hearing both of them, the Kerala State Consumer Disputes Redressal Commission penalized the builder asking him to pay Rs 16.27 lakh. This money needs to be paid at a 10 percent rate of interest per annum. Besides, one lakh compensation and cost of Rs 10,000, the money need to be paid from June 2009 onwards.
According to Mr K S Vishnu, an agreement was signed between the MD of Pranavah Promoters (P) Ltd and him on 3rd March, 2008. As per this agreement, he purchased a flat at Pranavah Le Royale with an undivided land share for Rs 25.02 lakh. As advance, Mr Vishnu paid Rs 16.31 Lakh to the builder. The builder assured the complainant that the flat would be ready by November 2009, however, the complainant alleged that the construction work is still going on and the flat has not been delivered to him. Thus, he did not pay the pending amount to the builder as demanded by him and proceeded to file a complaint against the builder and demanded to aomplete apartment construction as early as possible.
Rs 45 lakh was demanded by the complainant through his lawyers, Ani Joseph K A and D B Binu. The builder initially claimed that the apartment was not delivered to Mr Vishnu as he had not paid the balance amount. After some time, the commission was informed that the builder was ready to pay Rs 16.27 lakh to the complainant with interest starting from June 2009. This order was passed by P Q Barkath Ali, the President of Kerala State Consumer Disputes Redressal Commission. This is a momentous order passed by the Commission.
Kerala State Consumer Disputes Redressal Commission, Kochi, Kochi based builder, KSCDRC, Pranavah Promoters
