Builder to compensate Andheri woman for duping her

A builder will have to pay Rs 4.17 lakh compensation to an Andheri East woman for giving her a 704-square-foot flat after being paid for an 850-square-foot one.

M/s Rathore Builders and Developer will also have refund Rs 1.67 lakh, the excess amount charged.

In November 1995, Hansa Agarwal had purchased a flat on the fifth floor of the building located at JB Nagar, Andheri (E) for Rs 9.77 lakh. Possession of the flat was to be delivered in December 1995. Since the possession was delayed, in January 1997 an agreement was signed whereby the possession was agreed to be delivered by June 1997. In addition to it, the builder agreed to reimburse Agarwal's rent expenses and eventually also provided alternate accommodation. After receiving possession of the flat, Agarwal alleged that upon getting the flat measured through a consultant, it was found that the built-up area was only 704 sq ft. Aggrieved; she filed a complaint in the Maharashtra State Consumer Disputes Redressal Commission in September 2000.

Agarwal also submitted the consultant's report as evidence. She demanded a refund of the excess amount of Rs 1.67 lakh, based on the property rates prevalent at the time of purchase, and compensation with interest.

Incidentally, at current rates she would have been entitled to nearly Rs 22 lakh as refund, based on the Rs 15,000 per sq ft rate that similar apartments in the area command.

The builder denied the allegations made against it. It also denied that less area was handed over to Agarwal. The commission observed that as far as the shortfall of 146 sq ft built-up area was concerned, there was no reason to disbelieve the evidence of the consultant. "He is a qualified engineer to carry out such a job. His sketch shows that balcony area is perhaps included in the flat. Under the circumstances, mere denial of the evidence by the builder or its partners is not sufficient to dislodge or disbelieve his evidence," the commission said.

The commission held the builder guilty of deficiency in service.

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