For not rectifying defects in flat

A city consumer forum has asked a private flat promoter to pay compensation to a buyer for not rectifying defects in his flat sold to him and for causing mental agony. It has also directed the flat promoter to rectify the defects within two months. Otherwise, the buyer should rectify the defects and recover the money from the promoter.

The District Consumer Disputes Redressal Forum, Chennai (South), comprising its president V.Gopal and member L.Deenadayalan gave the order on a complaint by D.Ganapathy of Nanganallur.

On February 15, 2007, Mr. Ganapathy entered into a construction agreement with Abhinaya Foundations of Alwarpet for the purchase of a flat measuring 585 sq.ft in NGO colony, Nanganallur, for Rs.10,00,000. He occupied the flat in May 2007. Later, Mr.Ganapathy noticed several defects in the flat.

As the flat promoter was not prepared to rectify the defects, he approached the consumer forum seeking to direct the flat promoter to pay him a sum of Rs.43,500 towards cost of repairs/damage and provide a compensation of Rs.1 lakh.

However, the flat promoter contended that the complainant had taken the possession of the flat with full satisfaction in May 2007. The defects in the flat could have been caused due to poor maintenance by the complainant.

An Advocate Commissioner inspected the disputed property and filed his report to the forum.

In its order, the forum said, “The defects mentioned by the complainant have been confirmed by the Advocate Commissioner's report. Under the above circumstances, we are of the view that there is deficiency in service.”

Mental agony

Quantifying the compensation as Rs.50,000 for mental agony to the buyer, the forum directed the flat promoter to pay the amount along with a cost of Rs.5,000 to the complainant in two months.