Consumer Forum Orders Xrbia Hinjewadi Developers To Pay Rs 35 Lakh Compensation For Not Providing Promised Facilities, Loan Company Asked Not To Recover Pending Installments
Mubarak Ansari
Pune, 27 August 2021: A consumer court in the Nandurbar district has ordered Xrbia Hinjewadi Developers and Xrbia Developers to jointly pay a compensation of Rs 35 lakh to a flat buyer for not providing amenities and facilities as promised.
The forum has also directed Indiabulls Housing Finance Limited to pay Rs one lakh for deficiency in services and not to recover pending loan instalments from the buyer.
Gitesh Padmakar Joshi (47) of Nandurbar had filed a complaint against the three companies in October 2020. The consumer disputes redressal commission, Nandurbar, passed judgement on 7th July this year. He had not taken possession of the flat in the absence of promised amenities.
According to the judgement, the complainant and the builder had entered into an agreement for an underconstruction flat in 2013. The possession was to be given in December 2015. However, when the complainant went to take the possession, he found that the amenities promised by Xrbia Developers were not available. The forum found that the builder has not provided various facilities including drinking water.
The Pune Metropolitan Region Development Authority (PMRDA) had even issued a stop work notice to Xrbia for not complying with the rules and regulations.
The home loan company Indiabulls was supposed to verify the project and they had taken fees from the complainant. Also, till possession of the flat, the builder was to pay the pre-EMI.
The tripartite agreement states, “In the event that the promoter should fail to complete the said Unit and hand over possession of the same to me on or before 31 st December 2015 (save on account of reason detailed in Clause 14 of the said Agreement) the Promoter shall be liable to pay the entire amount of any further Pre-EMIs payable to the bank in respect of any further pre-EMIs that may be charged by the bank.”
Even after this agreement, the Indiabulls had collected EMI from 2014 to July 2019.
The builder had appeared before the forum and said that the forum does not have jurisdiction to adjudicate the case as the complainant and opponents are residents of Pune. The complainant had given his Pune address at the time of registration of the agreement with the builder. The finance company did not appear before the forum.
The forum held them for deficiency in services and ordered them to pay the compensation as cost of land and flat in Pune has skyrocketed in the last six years.
