Mumbai: The District Consumer Disputes Redressal Commission, Mumbai suburban, has directed that a Kandivali resident be refunded within 60 days Rs14.26 lakh she paid for three flats that she never got with 10% interest. The commission also directed the Andheri-based developer (Kamal Arun Tuli; Tuli Developers) to pay Dr Niranjana M Bhagat Rs30,000 towards mental agony and litigation cost she suffered for not getting the flat or refund despite several follow ups.
Man had booked 3 flats in 2012
Bhagat had booked three flats in a residential project by Tuli in 2012. For that she claimed to have paid Rs15 lakh as advance. An agreement of sale was made but the construction did not start. When Bhagat approached Tuli from time to time, she did not get any response nor the flats. She then filed a consumer complaint and sought a refund. Tuli failed to appear after receiving the notice so an order was passed ex-parte.
On the basis of documents and averments, the commission stated that Tuli had sought money based on demand drafts for Rs12 lakh, which Bhagat gave and got receipts. Further, Rs2.26 lakh was paid and receipts issued. Bhagat ultimately sought a refund in January 2020. The commission stated that it was clear that Bhagat paid the amount, which made her the consumer. Not giving the flat or refund amounted to deficiency in service and unfair trade practice.
The commission said as the proceedings were ex-parte, allegations made and proof field remained unchallenged and hence Tuli was guilty. It went on to add that the money paid by Bhagat was only Rs14.26 lakh so she will get only that much, but also deserved compensation for the trouble she had to go through.
