The forum said the fact that no refund was paid despite the project running into legal trouble amounted to deficiency in service. "The very act of the opponents of accepting booking price from flat buyers having reason to believe that development right in respect of land in dispute were cancelled by the land owner is definitely objectionable and so, they ought not have accepted the booking of the flats from buyers," the forum said.
Govandi residents Rammohan Shenoy and Priti Sak hardande lodged two complaints in the Additional Mumbai Suburban Consumer Disputes Redressal Forum on October 14, 2011. On July 21, 2009, the two booked two flats on the 5th and 6th floors of a project by Sharma Realty in Bhandup (W). They alleged despite paying 10% of the total amount, the builder did not start construction for one-and-a-half year. Finally in April 2011, they requested a refund of the booking amount but got no clear answer.
The complainants alleged the builder published an ad for a project on the same site. "This shows the opponent's intention was to defraud the complaints and other flat buyers," the duo said in the complaints. But the builder said there was a dispute over the title of the plot and the matter was sub judice.
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