Not every consumer who faced the problem with the real estate developer will reach out for justice when they are over-charged, especially by real estate developers.
But, one woman had a legal fight for Ten long years and made a developer pay for indulging in unfair real estate business practices. It began in 2008 when Hyderabad based architect Sushmitha Ramakrishnan bought a 290 sq. yard plot from Narne Constructions and registered the sale deed for Rs 10,79,000.
The amount she had paid must be actually included development charges, additional developmental charges, registration charges, maintenance charges, ULC charges, and stamp duty & registration charges. While the construction company took additional 4,20,000 rupees towards stamp duty and registration charges, the sale deed showed that the company used only 1,59,830 rupees and while quoting an excess amount of 2,60,170 rupees. The company also took Rs 56,000 as ‘additional development’ charges. which were not mentioned while paying the initial amount to the builder and it all appeared at the time of registration.
Finding merit in her case, the Telangana State commission directed Narne Constructions group to pay a compensation of Rs 3 lakh to the consumer for indulging in unfair real estate business practice.
Allotment letter has become the key evidence:
the allotment has been kept as a evidence in the above scenario and while the commision examining the allotment letter, found that the sale deed was issued even before necessary approvals were obtained from the concerned government authorities. The commission also observed that there had been too much of delay in issuing the sale deed. Also, the additional development charges which appeared at the time of registration was not mentioned in the allotment letter.
“The figure that was shown towards registration charges is 4,20,000 rupees. But to be transparent the amount spent towards registration charges is only 1,59,830 rupees. Hence, the complainant is entitled to the difference amount,” the order copy read. The commission set aside the Hyderabad District Forum – 1 judgment and allowed the first appeal (FA) and directed the construction firm to pay Rs 3 lakh along with 9% interest and Rs.Five Thousand as court charges.