HC cautions flat buyers to verify properties before purchase

The observation was made by justices A M Khanwilkar and S S Shinde on June 11 while hearing petitions filed by a developer and some others seeking regularisation of "illegal" structures/floors in building 'Green Heritage' at Khargar in Navi Mumbai, near here.

Referring to an earlier judgement of the same court, the bench held that although flat buyers may be aggrieved but their interests cannot override those of the members of public at large. Their individual rights and interests are subservient to the concerns for public health and safety.

"Ultimately, if they purchase flats without bothering to make inquiries and seeking details of the construction at site, then, they are themselves to blame", the judges said.

"In this era, where science and technology have advanced to a great extent so enactments such as Right to Information Act are in place, it is not unreasonable to expect that the flat purchasers should avail of the same and seek appropriate and relevant details of the construction before booking and purchasing flats in large scale building projects", the bench opined.

"If they (flat buyers) are carried away by the brochure and the public advertisements and do not make such inquiries, then, they cannot turn around and seek assistance of the Courts," the bench said. (More)