The couple, Neeraja and Anand Modhey, vacated their flat in 2008 and were to get possession from Kamal Joshi Developers with all amenities, in 2011. However, the flat was ready only in 2017. The couple did not take possession without completion of internal work and reimbursements.
They moved Maharashtra State Consumer Disputes Redressal Commission in 2018. Ruling in their favour, the commission said, “Opponents are hereby directed that before handing over possession of the flat to complainants to complete entire internal work of the flat as per agreement and in respect of alternations made in the flat as agreed in between complainants and opponent and also complete work of all amenities to be given to society members as per agreement.”
It also directed the developer to hand over occupation certificate in respect of flat to complainants and to give certificate from competent authority in respect of area of flat and alternations made.
The break-up of compensation includes reimbursement towards interest the bank charged on housing loan, rent costs, compensation for delayed possession and for mental pain and agony. The commission also ordered Rs 25,000 as costs of complaint.
“When opponent is giving possession of the flat to complainants, they are entitled to get occupation certificate… Complainants are entitled to get remaining work completed from opponent as mentioned in the agreement…” The commission refused to accept the builder’s arguments as there was a delay of 67 days in responding to the court’s notices.