CHENNAI: In a determined fight against a major realtor, a Chennai resident secured 5 lakh in compensation for the delayed handover of her apartment.
Nanganallur-resident Addepalli Srijayanthi’s ordeal began in 2012 when her husband, V Murali, booked a 3 BHK apartment in Akshaya Today project on OMR in Thaiyur. Promised possession by March 2016, with a grace period extending to Sept 2016, the couple faced a 66-month delay. They received the apartment keys only in March 2022.
Srijayanthi’s complaint to the consumer disputes redressal commission outlined a range of grievances, including incomplete status of promised amenities such as clubhouse, missing essential certificates and a lack of response to repeated requests for updates from the builder. She detailed the significant financial impact this caused, citing lost rental income and unexplained charges totalling 2,02,244, which she sought to recover from the realtor.
Her complaint also outlined how she was coerced into paying advance maintenance charges for ten years despite the absence of an owners’ association. “They charged us for amenities that weren’t even available and forced us to pay upfront without any legal basis,” she stated.
In its defence, Akshaya’s counsel argued that the project was being developed in phases and that amenities such as clubhouse were to be completed later. They further contended that completion and occupancy certificates were not mandatory at the time of the project’s approval.
The commission found the arguments unconvincing, noting that Akshaya had failed to adhere to its original commitments. As a penalty, it ordered the builder to pay 4.95 lakh as compensation for the delay, in addition to 5,000 towards litigation costs.
