Published On : Sat, Nov 24th, 2018

NCDRC permits MHADA CITY flat buyers to file joint complaint for compensation

Nagpur: In a significant development, National Consumer Commission, New Delhi comprising of retired Justice Deepa Sharma, has allowed the city-based petitioners Mahesh Jain and others to file a joint consumer complaint for all other allottees in MHADA-CITY under Sections 12(1)(C) of Consumers Protection Act 1986 and directed the MHADA to file the reply under Section 13(6) within 30 days.

The 14 consumers have directly approached the National Consumer Commission, New Delhi u/s 12 of Consumer Protection Act 1986 claiming Rs. 42/ lakh compensation for “each allottee” from MHADA for “delay in delivery of possession” and “deficiency in service” made by MHADA in its Subhash Road Scheme at Nagpur through their lawyer Tushar Mandlekar and also sought compensation for all the 320 allottees in MHADA-CITY.

According to the consumers, MHADA constructed 320 flats in the project called as MHADA-CITY and has failed to deliver the possession and give sale deed even after eight years of booking and hence has committed “unfair trade practice” and “deficiency in service”. The unexplained delay of six years in giving possession has resulted in great financial loss to each allottee.

The consumers namely Maheshkumar Jain, Satish Sarada, Nitin Sarada, Aarti Kimmatkar, Anuj Chopde, Ramesh Modi, Balakhidas Kalantri, Gokuldas Fafat, Amrut Damle, Amar Damle, Anand Gupta, Sunil Maheshwari have stated in their consumer complaint that MHADA and its contractor M/s IVRCL have failed to give the “possession” and “Sale-Deed” of flats in stipulated time period of two years and further extended period of three years.

The consumers alleged that the MHADA had failed to procure the much needed “Occupancy Certificate” “Building Completion Certificate” “Environment Clearance”, “Fire NoC” and other statutory permissions even till today. It is also alleged that MHADA also failed to give the promised facilities and amenities like Podium Garden, Internal Roads, Shopping Centre, Club House, Swimming Pool etc. even till today after accepting the entire cost of flat.

The consumers have alleged that in spite of charging huge consideration of Rs.45 lakh each MHADA has failed to give possession and sale deed even after eight years. They sought compensation of Rs.42 lakh each which includes interest @16% per annum on their payment along with Rs. 5 lakh for mental harassment for each of 320 allottees.

The CC No:-2983/2017 was argued on 12-11-2018 at New Delhi by Adv. Tushar Mandlekar on behalf of the consumers and the case was admitted by the National Consumer Disputes Redressal Commission. The National Commission has also directed the petitioners to publish “Public Notice” of this complaint under order 1 Rule 8 of CPC in Local Newspapers namely Times of India and Navbharat Times and treated present consumer complaint as Joint Complaint u/s 12 {1} {c}.

The joint consumer case is listed before the National Commission New Delhi on 25-04-2019. Adv. Tushar Mandlekar appeared for consumers.