The Maharashtra State Consumer Disputes Redressal Commission has directed a Mumbai developer to pay Rs 7.39 lakh to a flat owner after finding that the apartment delivered to him was 41.54 sq ft smaller than the carpet area promised in the sale agreement.
The commission also directed the developer to address pending structural and planning issues and complete other statutory compliances within four months.
The case was filed by T Muraleedharan Nair against Milan Builders & Developer and its proprietor, Chinnapan Anthony. The dispute concerned Flat 302 in Shree Balaji Ashirwad, Malad West.
A registered agreement for sale signed on January 11, 2016 promised Nair a carpet area of 560 sq ft. Possession was handed over on November 22 that year. Nair subsequently commissioned a registered architect to measure the property, which found an actual carpet area of 518.46 sq. ft.
Nair claimed compensation of Rs 6,64,640 for the shortfall, calculating the loss at Rs 16,000 per sq ft, besides compensation for mental harassment and legal expenses.
The developer challenged the architect’s measurements but did not provide an independent survey or expert assessment to counter the findings. The commission therefore accepted the registered architect’s measurement.
“The Opposite Parties (Builder and proprietor) cannot unilaterally reduce the agreed-upon living space without a corresponding reduction in consideration or express written consent from the purchaser,” the commission said on September 2.
The panel held that providing less carpet area than specified in the registered agreement amounted to deficiency in service and an unfair trade practice.
Nair had also raised concerns over the developer obtaining only a Part Occupation Certificate and failing to establish the co-operative housing society. The commission found that the developer’s obligations continued beyond handing over possession.
It also rejected the developer’s argument that Nair was not a consumer because he was a landowner, holding that receiving a constructed residential apartment under a development arrangement involved the provision of construction services.
The commission directed the developer and proprietor to jointly pay Rs 6,64,640 with 9% simple interest from the date of filing until payment. It additionally awarded Rs 50,000 for mental agony and harassment and Rs 25,000 towards legal costs, taking the fixed compensation to Rs 7,39,640, plus interest.
The ruling also requires the developer to resolve the pending structural and planning issues within four months.
Source: The Indian Express
