Flat promoter directed to compensate buyer

The State Consumer Disputes Redressal Commission has directed a flat promoter to pay Rs.2.50 lakh to the purchaser of a flat after it was found that there was a shortage of 200.91 sq. ft. of area in the apartment.

The Commission, headed by president Justice R. Regupathi, also ordered the flat promoter to pay Rs.10,000 to the purchaser, T.R. Balakrishnan, as compensation for mental agony and deficiency in service and Rs. 5,000 towards the cost of the complaint, within two months.

Mr. Justice Regupathi said the complainant should be compensated for the shortfall of area in the flat which could not be restored by now in view of the possession already taken in 2004 and that he must be compensated by way of money value for this.

According to Mr. Balakrishnan, he and his wife B. Padmavathy entered into an agreement with Land Marvel Homes, Adyar, in 2002 for the construction of a flat measuring 1465 sq. ft. together with a car park for a sale consideration of Rs.18 lakh. Aggrieved by the inordinate delay in handing over the flat by the builder, they filed a complaint with the State Consumer Disputes Redressal Commission in 2004.

A reputed engineering firm was appointed as a Court commissioner and it submitted its report.

Mr. Balakrishnan, the complainant in person, said he was a retired professor in physics, and having sufficient knowledge in mathematics, he worked out the area as per the calculations given by the Commissioner’s report and contended that there was a shortage of 200.91sq. ft. of the flat area against the agreed allotment of 1465sq. ft.

Counsel for the flat promoter contended that the commissioner’s report did not include the thickness of the wall. Also, the common area of around 200 sq. ft. should be excluded while considering the total plinth area of the flat sold. Thereby, there is no deficit or shortage as alleged by the complainant.