Hyderabad: A senior citizen pursued his case in the consumer forum for about five years and suceeded in making CSK Realtors pay a penalty for delaying the handing over of his villa.
The Hyderabad Consumer Disputes Redressal Forum has ordered CSK Realtors to pay Mr Birendra Prasad Sahu Rs 3.36 lakh as demurrage charges and Rs 50,000 as compensation for causing him mental agony, stress and harassment.
Mr Sahu found an advertisement of CSK Realtors Limited online for CSK Green Villas at Farooqnagar, Shadnagar at Rs 18 lakh apiece. He booked a villa after paying Rs 18 lakh in multiple instalments in 2012.
The company promised to hand over the villa in 2014, which included a grace period of six months if the full payment was made. It was delivered after a delay of three years in 2017.
Mr Sahu alleged that the company failed to provide facilities as promised in the brochure and that he was constrained to purchase articles worth Rs 4.47 lakh. Mr Sahu said he was staying in Jharkhand at that time and suffered physical strain, financial hardship and mental agony as he had to travel to Hyderabad several times to demand possession of the flat.
CSK Realtors said it never promised to hand over the villas by September 30, 2014, as there was no written agreement. It had not committed to providing facilities as mentioned in the brochure. The company claimed it did not know that Mr Sahu had to stay at a rented house at Dhanbad in Jharkhand and had frequently travel to Shadnagar.
The forum observed that though there was no agreement between the parties in writing, CSK Realtors had not denied the brochure which was an invitation to prospective purchasers explaining them the features in the villas.
The material on record showed that the company had agreed to deliver the villa within 24 months after receipt of total sale consideration but failed to honour it. As per the agreement, it was liable to pay rent at Rs 12,000 per month for 28 months. By not paying it and by delaying handing over possession, it caused to deficiency of service.
In view of this, the forum directed the company to pay Rs 3.36 lakh as demurrage charges for the period of delay. For the mental agony, stress and harassment to Mr Sahu, the forum directed CSK Realtors to pay Rs 50,000 as well as Rs 10,000 towards travelling costs.
