Leaky Flats, Delayed Possession: Housing Society Wins Partial Relief.
10 June 2024
Consumer Complaints >> Civil & Consumer Law | Consumer Protection Act >> Consumer Rights
Kailash Tower CHS Ltd. (the Society), a housing cooperative society in Mumbai, has secured a partial victory in a long-standing consumer dispute with their builder, M/s Jaycee Homes & Hotels Ltd. (the Builder). The National Consumer Disputes Redressal Commission (NCDRC) recently issued an order on the case.
The Society had filed a complaint against the builder in 2010, citing deficiencies in construction, including severe leakage and seepage problems in the flats. They also claimed delays in flat handover, a deficit in the promised flat area, and non-execution of the conveyance deed.
The Society sought compensation for repairs, delayed possession, and mental agony caused by the issues. However, the NCDRC dismissed most of these claims due to limitation periods outlined in relevant consumer protection acts.
On a positive note for the Society, the Court directed the builder to execute the conveyance deed in their favor within four months. This deed grants ownership rights to the common areas of the building to the Society. To facilitate this process, the Society needs to provide copies of registered agreements for the flats and any resale documents.
The order highlights the importance of adhering to timelines when filing consumer complaints. While the Society achieved some success, they missed out on potential compensation due to delays in filing their claims.