Builder asked to refund buyer

Rain had flooded Nizampet resident’s property in 2015

July 03, 2019 12:34 am | Updated 12:34 am IST - HYDERABAD

Nearly four years after rain flooded her property, the Telangana State Consumer Disputes Redressal Commission directed its builders to refund a buyer ₹9.9 lakh and pay ₹50,000 as compensation.

The Commission was dealing with a complaint filed by Manda Rani, a resident of Nizampet. The complainant stated that she bought a 550 sq.ft. portion in the cellar of Lake Ridge, a building in Nizampet, for ₹16,85,000 from Sai Krupa Builders. She then let out her premises to a food court for ₹13,500.

Suffered losses

In September 2015, on account of rain, the premises was flooded. Her tenant sustained losses as it became inaccessible.

The premises remained unoccupied since.

The complainant stated that residents of the building moved the High Court against the builder in connection with illegal structures in the building. The High Court directed the Hyderabad Metropolitan Development Authority to act on the representation within three weeks after giving notice.

It was at that point, she said she realised her property was illegal.

Taking into consideration the evidence placed on record, the Commission cited a Supreme Court judgment and held the respondents liable for compensating the loss which the complainant sustained. It stated that as per the sale deed, the respondents should indemnify the complainant.

The Commission noted that as per the sale deed, a copy of which was submitted, the complainant bought the unit for ₹9.9 lakh. With that in view, it ordered the respondents to the refund the amount, pay ₹50,000 as compensation and ₹5,000 as costs.

Complainant pulled up

The Commission also came down on the complainant, opining that a person with basic knowledge of civic laws must be aware that cellars are not for ‘human habitat’ and that the complainant did not take “precautions” before investing her hard earned money.

It stated that the complainant should give an “undertaking to the civic authorities that she ceases to be the owner of the property”.

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