Consumer forum directs builder to provide promised conveniences
16 flat owners of Shaan Riviera Housing Society in Wanwadi win 10-yr-long battle against developer
Flat owners in Shaan Riviera Housing Society in Wanwadi will soon be as happy as they were when they purchased their respective units a decade ago. The District Consumer Redressal Forum recently ordered the builder to provide the flat owners the amenities he had promised them — second elevator, generator back up and several others.
A bench of consumer forum, comprising president Anjali Deshmukh and member S K Kapse, ordered the builder Rikabchand Raichand Oswal to provide generator back up, a second lift and other facilities that he had promised in the advertisement brochure and execute deed of declaration and deed of apartment within six weeks. The consumer forum also directed the builder to pay Rs 25,000 compensation and Rs 1,000 as litigation cost. The order was passed on January 22.
United for a cause
The 16 flat owners had formed Shaan Riviera Flat Owners Association in 2009 and approached the consumer forum against the proprietor of Oswal Udyog, for not giving them the amenities the proprietor had promised in the brochure at the time they purchased their flats 10 years ago. The members also complained to the forum about unauthorised construction and lack of services.
“When we purchased the flats 10 years ago, we were promised ultra-modern amenities in the housing project. These things were promised in the advertisement brochure given by the builder and the developer had declared that the building that was constructed was as per PMC rules and regulations,” said Anthony D’Silva, one of the flat owners.
Violation of norms
He said the developer violated the Development Control Rules (DCR) by constructing unauthorised floors. “PMC sent notices to stop work repeatedly, but he (developer) did not pay attention. Finally, the PMC demolished the unauthorised floors and the terrace in 2007,” he added.
D’Silva said that the demolition drive by the civic body cracked the building further and had and induced leakages, following which the society members had to suffer, and were deprived of their property rights and amenities for the last 10 years.
After moving to the consumer forum, the members approached Grahak Hitvardhini, an NGO, to help fight the case in the consumer court. But the members were in for a rude shock after NGO Secretary Dnyanaraj Sant backed the developer and had said he was planning to represent the developer.