The amount includes the market value of Rs 24,650 (2016) per sqft, along with 9% interest. The commission also directed the builder to pay a total of Rs 30 lakh for mental agony and compensation for a delay of eight months in handing over possession and costs of litigation. Also, the builder and the housing society will have to collectively pay them Rs 6 lakh towards litigation costs.
“It is apparent from the record that the value of each flat was more than 2 crore in 2016, there was delay of 8 months to hand over the possession. The opposite parties made the complainants to suffer physical stress and mental agony, therefore they deserve a fair compensation,” the commission said.
The court said that it would be just and proper for Hetali Enterprises, Builders and Developers to pay an interest of 9% per annum for the delay.
“It is apparent from the agreement that the builder can claim the rate of interest 18% on the delayed payments from the complainant but in contrary, for the builder, the rate of interest on compensation for delayed possession comes to meagre rate of interest 0.24% p.a. Such a disparity in the rate of interest is both unfair and inequitable,” the National Consumer Disputes Redressal Commission said.
Dr Vijay Kale, Dr Purshottam Kale and Dr Satishchandra Kale had submitted separate complaints in respect of each flat in 2017. The flats received from the builder were of 856 sqft, 840 sqft and 509 sqft carpet area respectively. The family had alleged that they were granted possession only in 2016 after their housing society, Andheri Nav Bahar CHS Ltd, and builder forced them into taking back police and other complaints.
The commission said, “The case of the complainants is that the opposite parties are withholding the possession of flats; coerced the complainants to withdraw their pending cases filed before district forum, police and deputy registrar (Mhada). By any means we are of the considered view that the complainants have right to claim compensation…”