Nagpur: The State Consumer Dispute Redressal Commission (SCDRC) has ordered the Nagpur’s erring M/s Jagdamba Realtors Pvt Ltd to pay Rs 1 lakh to a flat owner for harassing him mentally and physically. The Commission has also ordered the builder to pay additional Rs 10,000 as cost of petition.
The tainted Jagdamba Realtors Pvt Ltd, Nagpur, had constructed a commercial complex, named, Orange Plaza, on about 4 acres land, vide Khasara No. 615 (old) and 761 (new), city survey No. 3420 Mouja Katol. The builder at that time had ‘promised’ to build several facilities such as swimming pool, badminton court, health club, library, garden, lift as well as two halls in each floor of Wing A. All these facilities were included in the map sanctioned by Katol Nagar Parishad. However, the realtor defaulted on his ‘promise’ leaving the flat owners in the lurch.
One of the agrieved flat owners, Pratap Tate moved the State Consumer Dispute Redressal Commission and filed a petition against M/s Jagdamba Realtors Pvt Ltd. The builder had also promised some shops to Tate. Giving a ruling on November 7, 2019, the Chairman of the Commission Justice A P Bhangale and Presiding Member Justice A Z Khwaja ordered the realtor to pay Rs 1 lakh to Tate for harrasing him mentally and physically. The Commission also ordered the builder to pay additional Rs 10,000 as cost of petition. The erring Jagdamba Realtors Pvt Ltd has also been directed to provide all facilities as per sanctioned map and facilitate sale of shops numbering 4 to 9 to Tate.
Adv Prasad Abhyankar represented Pratap Tate in the State Consumer Dispute Redressal Commission.
It is pertinent to recall that Nagpur Today had published a report titled “An erring builder being shielded by Katol Nagar Parishad and others” wherein it was stated that The issue of Katol Nagar Parishad violating the construction rules just to protect a builder, and the then Katol NP CEO misleading the house by providing false information, was raised by MLCs in the Maharashtra Legislative Council on July 15. The issue reflects the dominance of a heavy weight politician and Katol MLA whose party is in power in the state. Therefore the silence of the said MLA and the Chief Minister over the issue pertaining to builders’ lobby is mysterious. Now, the builder has approached the court and passing his time seeking dates after dates of hearing.
Looking at the background of the issue, it is found that the Katol Nagar Parishad (KNP) had issued the required construction permit No. MCK/PWD/46/2003, dated June 13, 2003 to Jagdamba Realters Pvt Limited to construct a commercial complex, named, Orange Plaza, on 1.64 ar (about 4 acres) land, vide Khasara No. 615 (old) and 761 (new), city survey No. 3420 Mouja Katol. Under the sanctioned map, in all 219 shops and 6 halls were to be constructed in the said commercial complex. A proposal to construct swimming pool, badminton court and health club, etc, in the open space behind the complex was also sanctioned on June 13, 2003 itself. As the proposed complex was to be constructed on Nagpur-Katol-Jalalkheda state highway, it was specifically directed that 37 metre distance must be left between the state highway and the complex.