NAGPUR: In a setback to prominent builder N Kumar and his associate society, the State Consumer Disputes Redressal Commission’s Nagpur Circuit bench has directed them to pay nearly Rs23 lakh to flat owners of Poonam Pride at Khamla Square. Kumar and the society allegedly adopted unfair trade practices and thus caused physical and mental harassment to the petitioners.
Presiding member SM Shende and members Jayshree Yengal and N Arumugam have asked N Kumar Construction Company and its associate Link House Cooperative Housing Society to provide a club house as common facility to the flat owners or pay Rs1 lakh to each of the 17 members of the complainant society. They were also told to pay Rs25,000 towards physical and mental harassment to each of the 17 members and an additional Rs10,000 towards cost of proceeding. The bench also warned Kumar that the orders should be complied within three months, else the society members will be entitled to claim 9% interest per annum on the total payable amount. The order also directed Kumar and his associates to hand over possession of guard room, terrace and common areas to the applicant association.
Ironically, Kumar did not have any idea of this order, saying that he had not even received a notice in this regard. “It’s highly surprising that we didn’t receive any notice, neither from the court nor from the society. Even if the address is changed, ours is a well-known group and they can trace us anytime. Basically, the society should have served notice to us before moving the consumer court.
According to the complainant society – Poonam Pride Condominium, having 17 flat owners, the construction firm led by Kumar had promised to provide them many amenities in the brochure – party lawn, swimming pool, health club, well-equipped gym, lift with generator backup, ample parking space and two ACs for each flat. However, at the time of possession, none of these were provided, thus duping them. The builder not only failed to complete the flat scheme but did not provide the promised amenities even after a lapse of two years after sale deeds were executed in 2007.