A 15-year legal battle over 100 sq ft deficit in a Powai flat has ended in victory for its owner. The state consumer commission on Saturday directed a builder to reimburse him Rs 75,000, along with a compensation of Rs 1.10 lakh to the complainant.
The Singh family had booked two flats at Powai Vihar Complex on April 12, 1993, for Rs 9.10 lakh (Rs 700 per sq ft). Though there were two agreements for flats measuring 800 sq ft and 500 sq ft, a single 1,300 sq ft flat was to be constructed. The builder, Sainath Enterprises, was to hand over the possession on July 31, 1993. However, the possession was given only on December 5, 1997.
The family then calculated the total area and found that instead of 1,300 sq ft, the actual built-up area was only 1,100 sq ft. Stating that the builder was bound to refund the excess amount taken, the family filed a complaint before the Maharashtra State Consumer Disputes Redressal Commission in 1999.
The advocate for the builder argued that the architect whose report was submitted before the commission was not appointed by the latter. The lawyer further contended that the architect did not give his client any notice before taking measurement. It was also argued that the architect had mentioned in the certificate that actual measurement was carried out which is carpet area and by adding 20% the built-up was calculated. Hence the certificate given
by the said architect cannot be considered.
The commission, however, pointed out that the family had submitted that in the certificate, below the signature of architect, names of the government registered valuer, panel architect valuer of Bombay high court, panel architect valuer of state consumer dispute redressal commission were mentioned.
The panel further said the actual area as per said certificate is 1,192.26 sq ft. Thus deficit area 107.74 sq.ft. is less area than agreed. “Considering the said submission, certificate itself and affidavit of architect and absent of anything contrary, we accept the said certificate. Thus it is cleared that there is less area of 107.74 sq ft than agreed area of the flat,” it said.
Source: http://timesofindia.indiatimes.com/City/Mumbai/Family-wins-15-year-legal-battle-for-100sq-ft-area-in-Powai-flat/articleshow/38759063.cms
