14 June 2024 Consumer Complaints >> Civil & Consumer Law   |   Consumer Law >> Civil & Consumer Law   |   Consumer Court >> Civil/Debt  

A consumer court in India has dismissed an appeal by a builder, M/s. Maya Realtors Pvt. Ltd., and upheld an order directing them to compensate a flat buyer for their failure to deliver the property.

Background:

T.P. Ghosh Thinnakakath (the consumer) purchased a flat from Maya Realtors in their "Maya Heights" project in 2006. He paid the full amount of Rs. 15,81,650/- by March 2007. However, upon returning to India in September 2009, he discovered that a third party was occupying the flat. The consumer filed a complaint alleging that the builder failed to deliver the flat and inducted a third party into the property without his consent. The State Consumer Disputes Redressal Commission partly allowed the complaint and directed the builder to pay a compensation of Rs. 10 lakhs to the consumer.

Builder's Appeal and Arguments:

The builder challenged the State Commission's order. They argued that a separate civil court judgment had already established ownership and possession in favor of the consumer. They also contested the exclusion of a third party from the consumer complaint and claimed the awarded compensation lacked sufficient evidence. Additionally, they argued that the consumer's representative overstepped their authority.

Conclusion:

The Appellate Court dismissed the appeal and upheld the State Commission's order. The court found that the builder breached the agreement by not handing over possession and inducting a third party. The court clarified that the separate civil court judgment only addressed ownership and possession, not the deficiency in service. They concluded that the State Commission's order was well-reasoned and based on evidence.

Consumer Protection Act, 1986