Rs 5 lakhs fine levied on builder for poor services
A note of caution for all builders who have been providing deficient services to their customer; a Thane based builder has been fined Rs 5 lakh by a consumer forum for the deficient services offered to a housing society located there.
The complaint was filed by the Tania Kadamb Co-operative Housing Society Ltd. Located in Vasai to the Thane District Consumer Redressal Forum. The complaint reported was about that Tania Constructions and it’s Managing Director Peter Fernandes in not providing the promised amenities to the consumers as per the sale agreement with the society. The builder also failed to provide the land rights and the completion certificate to the customers despite the several reminders made by the members individually and through the society.
The society headed by the president Umesh Jhavalikar and member N D Kadam sought an order from the forum instructing the builder to initiate the land rights and other documents including the completion certificate, and also to make necessary arrangements for completion of the pending and promised works in the building complex.
The builder in their response mentioned that only 70 per cent of the rights of development of the society plot were with him and the other 30 per cent is still with the original land owner. The forum dismissed the builder’s plea and informed that they it is the builder’s legal duty in providing land rights to the buyers and documents like completion certificate and the transfer of rights to the society.
According to the petition, the builder- Tania Constructions violated the provisions of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and has not completed their legal duties in connection with their services towards their customers and the society.
The order against this petition came last week and a fine of Rs 5 lakhs and was levied towards the builder and along with the call to complete all the pending works and documentation within next 60 days.
This incident is an eye opener for all builders who have not completed their duties or have been delaying the documents to the customers. Societies or customers can raise voice against the builder, as it is their right to ensure that all promised and liable works and documents are being completed by the builder on time.
Source: Times of India