Thane: A 74-year-old man has approached the Thane District Consumer Disputes Redressal Commission (DCDRC) alleging deficiency in service, unfair trade practices, and harassment by the office bearers of Avani Cooperative Housing Society in Badlapur during a redevelopment project.
Senior Citizen Approaches Thane Consumer Forum Over Redevelopment Dispute
In his complaint, Vaikunth Ramanath Nayak, a retired government employee —represented by Advocate Prashant Nayak—stated that he had raised several concerns about the developer, including non-disclosure of crucial information such as the developer’s RERA registration, failure to execute the Permanent Alternative Accommodation Agreement (PAAA), among other issues. Owing to these alleged lapses, Nayak has sought compensation from the society.
The complaint alleges mismanagement during the redevelopment process initiated in January 2023. It also highlights the absence of basic safety measures like CCTV cameras and security guards in the society premises, despite Nayak regularly paying monthly maintenance charges. Nayak further claimed that although he had submitted his objections in January 2023, the society ignored them.
Claims Flat Was Broken Into During Redevelopment, Valuables Missing
One of Nayak’s primary grievances pertains to an incident on January 23, 2023, when he was informed by fellow society members that unknown individuals had broken the lock of his flat and removed the main door. Although the society reportedly lodged a police complaint at the Badlapur Police Station, Nayak alleged he was neither informed directly nor provided with a copy of the complaint.
Subsequently, his son lodged a separate police complaint on February 4, 2023. Nayak claims that several personal items—including LPG cylinders, furniture, clothes, and the main switchboard—were missing from the flat after the break-in.
Alleges Unauthorized Utility Disconnections, No Registered PAAA Executed
The complaint also alleges unauthorized disconnection of water and electricity supply without any written consent or official communication from the society. Moreover, the society failed to execute the PAAA before handing over possession, which is a statutory requirement under redevelopment guidelines and cooperative housing laws.
Society Accused of Ignoring Objections, Not Sharing Police Complaint Copy
Nayak further alleged that the society failed to provide timely updates about the redevelopment project, despite creating a WhatsApp group titled “AVANI CHS” for communication purposes. Instead, he claimed he was forced to directly contact the developer, who in turn shifted the responsibility to the society’s office bearers.
Demands ₹5 Lakh Compensation, Registered PAAA Execution Before Possession
The complaint invokes Section 35(1)(a) of the Consumer Protection Act, 2019, seeking a declaration that the society and its office bearers are guilty of deficiency in service and unfair trade practices. It also urges the Commission to direct the society to immediately execute the registered PAAA before possession is handed over post-redevelopment and to ensure full compliance with the terms of the original development agreement.
Nayak said he had attempted to resolve the issues amicably but the society failed to reach a logical conclusion, forcing him to approach the Commission. He has sought Rs 5 lakh as compensation.
When contacted, a senior society member refuted the allegations, stating, “All society members, including Nayak, had signed a deed with the developer and agreed to the clauses. Monthly rent was also paid by the developer. Regarding the theft, it wasn’t just Mr. Nayak’s flat that was broken into—several vacant flats were targeted, and a police complaint was already filed. Since the flats were unoccupied, not much was stolen.”
