State Commission Partially Allows Developer's Appeal in Redevelopment Dispute
The Maharashtra State Consumer Disputes Redressal Commission has made a ruling in a redevelopment dispute case filed by a Goregaon resident against a developer and society, partially allowing the developer's appeal while upholding key reliefs granted to the complainant.
Main Points:
- State Commission upholds key reliefs granted to complainant, including payment of rent for delayed possession and costs
- Commission reduces compensable area shortfall from six sq ft to 2.25 sq ft
- Developer's appeal partly allowed, with Commission modifying District Commission's order
The case was filed by Chintamani Shantaram Walawalkar in 2012, a resident of Guruseva Cooperative Housing Society in Goregaon East, against the society, its developer Kabra Associates, and project management consultant S.P. Civil Engineers Pvt. Ltd., alleging deficiency in service during the redevelopment process.
Background:
- Walawalkar originally owned a 445 sq ft flat in the society, which was redeveloped under a scheme
- Developer promised an additional 110 sq ft free of cost and Walawalkar purchased another 165 sq ft for Rs 6 lakh
- Walawalkar alleged that the redeveloped flat was smaller than agreed and that the developer failed to provide complete information regarding Occupation Certificate and Completion Certificate
Key Findings:
- Architect appointed by consumer forum measured the flat, finding a total area of approximately 717.73 sq ft
- State Commission found that the actual area shortfall was 2.25 sq ft, not six sq ft as earlier determined
- Commission held that the developer had failed to directly inform the complainant about the issuance of Occupation Certificate and Completion Certificate
Ruling:
The State Commission partly allowed the developer's appeal, modifying the District Commission's order to reduce the compensable area shortfall from six sq ft to 2.25 sq ft, while confirming all other directions, including payment of rent and costs.
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