Builder asked to pay Rs 1L fine each to eight complainants

A district consumer forum has ordered a builder to pay Rs one lakh in compensation to each of the eight complainants who were not given possession of flats booked by them.
Thane District Consumer Redressal Forum President, Umesh Jhavalikar and member N D Kadam recently ordered the builder, Atmaram Kashinath Kadam of Suyash Enterprises, to hand over possession of the flats to the complainants within 45 days of payment of the balance amount, else pay a penalty of Rs 200 per day of delay.
The forum also ordered that if the builder is unable to give possession of the flats then he should refund the entire amount taken from the complainants within 45 days with an interest rate of 12 per cent, failing which they will pay an interest of 15 per cent till realisation of the amount.

The forum held that there was deficiency in services provided by the builder, which constructed the Trimurti Apartments on Diva Dativali Road, and hence pay Rs 1,00,000 towards legal expenses to each of the complainants within 45 days.
Vijayanand J Sawant, Maruti J Sawant, Sandeep B Mangle, Yeshwant R Patil, Subash D Patil, Pandurang B Chavan, Hari P Patil and Anandi M Chinchawade stated in their complaints that in 2007 they had booked flats in the building developed by the respondent and made agreements.
They had also made requisite payments to the builder.
The construction of the building was completed in 2009 and when they went to take possession of the flats, the builder informed them that the flats had been sold to some other persons.

The consumer forum decided the matter ex-parte as the builder did not respond to its notice.