Builder penalized for delay TNN Bangalore: The Karnataka State Consumer Disputes Redressal Commission has asked a builder,who failed to deliver flats to buyers on time,to compensate three of his clients. SA Kabeer,managing director of Alpine Housing Development Corporation Development Limited,and Mohammed Shariff,power of attorney holder for Kabeer,have been directed to pay the three complainants Rs 15,000 each from July 2009 in lieu of the rent and interest expenditure they incurred due to non-delivery of the housing units. Setting a 45-day deadline for registration of the apartments the consumer court told the builder that all amenities and world-class facilities,as stated in the brochure,should be provided.In case the builder fails to execute the sale deeds,the firm has to return the Rs 1.2 crore paid by the complainants with 18% interest from the date of payments. The house rent prevailing in the open market for a two-bedroom well-furnished house is between Rs 12,000 and 15,000 per month.The developers issued a colourful brochure stating that they will provide all world-class amenities and facilities like backup generator,lift,departmental store,playground and swimming pool among other things,but failed to do the same.Had they executed the sale deeds in time,the complainants could have avoided paying rents,a minimum of Rs 15,000 per month.So the company is liable to pay compensation by way of rent from January 2009 till realization, the bench of Justices K Ramanna and GT Vijayalakshmi said.The developer has been further directed to pay Rs 5,000 each to the two complainants towards litigation expenses THE DEFENCE The builder contended that they couldnt complete the work due to the rise in cost of materials,labour and transportation,delay in acquisition of land and also because of instructions from BDA and KPTC to stop further construction.However,the bench felt that the company failed to prove the same by producing documentary evidence. THE CLAIM The purchasers filed their complaints seeking for a direction to Alpine Housing Corporation to execute sale deeds,give Rs 50,000 each as compensation or refund the amount deposited by them with interest at the rate of 24% per annum and compensation of Rs 5 lakh for what they termed unfair trade practice and deficiency of service.They further sought for payment of Rs 80,000 towards pre-closure charges. WHAT HAPPENED In the brochure for its project Alpine Villa at Seegehalli village,Bidarahalli hobli,Alpine Housing Development Corporation Development Limited promised that flats will be delivered on August 5,2007,but it wasnt done. In 2006,Bellandur residents Neeraj Bhope and wife Megha booked for a Q-type flat on the tenth floor of Tagus Block in Alpine Viva.They alleged that the delay caused them to pay interest to the bankers and shell out Rs 46,55 582 till date for owning the flat.The sale consideration for the flat was Rs 39 lakh,including registration charges. AECS Layout residents Bharat Laxmi Vetsa and husband Vinod Kumar Vetsa began paying the sale consideration in installments for a G 1 flat on the third floor of Danube block in Alpine Villa from December 2005.Due to the delay,the couple shelled out Rs 48,67,707 till date.The sale consideration was Rs 25 lakh,excluding registration charges. Jayanagar resident Souvik Khamaru paid in all Rs 38,73,362 till now for owning a flat at Rhine Block on the ninth floor.The sale consideration was Rs 29 lakh,excluding registration charges.
Posted on: Mon, 24 Jun 2013 04:54:05 +0000
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