MUMBAI: Observing that the demand for additional charges for maintenance and a huge amount for society registration without forming the society or providing the agreed services amounts to unfair trade practices, the state consumer commission ordered a builder to pay a Navi Mumbai family compensation of Rs 2.75 lakh.
“The complainants provided evidence through their affidavit and photographs to prove the existence of defects in the flat, including leakage and seepage from the walls and ceiling, non-functional lift, and improper fittings… evidence remained unchallenged. Despite multiple complaints and follow-ups, the opposite party failed to address these issues, which clearly establishes deficiency in service,” Maharashtra State Consumer Disputes Redressal Commission said recently.
Ulwe residents, Vir Bhan Sharma (65) and Disha Sharma (27), moved the commission in 2019 against Dhulchand Naik, proprietor of M/s Ashtavinayak Developer. They said that soon after taking possession of the Rs 55 lakh flat in 2017, they found leakage and seepage from the west side wall and ceiling of the master bedroom, improper fitting of water taps, non-functioning of flush tanks, and issues with the lift, which remained non-functional for several days. They said that the builder took Rs 31,500 towards monthly maintenance for 12 months in advance and Rs 25,000 towards society registration expenses.”Despite multiple complaints and follow-ups, the opposite party [Naik] failed to rectify these issues, causing great inconvenience and mental agony to the complainants. The complainants further stated that the opposite party did not form the co-operative society as promised and neglected to pay the water and electricity bills, resulting in disconnection of these services for extended periods,” the complaint said.
The Sharmas said that they submitted several letters to Naik, detailing the issues faced and requesting immediate rectification of the defects in the flat and building. On November 17, 2017, a letter was personally delivered to his office assistant, who acknowledged the issues, but no substantial action was taken. In June 2018, they wrote another letter, sent through registered post, which was returned unclaimed. The Sharmas allege that despite their efforts, Naik did not address their grievances, forcing them to undertake repairs at their own expense.
They said they spent Rs 26,500 on repainting the flat after the first monsoon since taking possession due to the severe leakage and Rs 1 lakh on repairing wardrobes, furniture, and other material damaged due to the seepage. They also alleged that the mental agony and inconvenience suffered due to the continuous negligence was immense. Naik did not respond to the complaint.
