The A.P. State Consumer Disputes Redressal Commission (APSCDRC) has directed Aditya Construction Company India to hand over a flat in one of its buildings at Hafizpet to a complainant who approached the commission stating delays in the process.
Sreedhar Naidu Medikonda, a resident of Secunderabad, had booked a flat in the Aditya Imperial Heights building at Hafeezpet in December 2010, and paid Rs. 1 lakh as advance. After paying Rs. 4.87 lakh later, he entered into an agreement of sale with the company in December 2012.
Mr. Naidu complained that the builder failed to get the sanction of layout from the seventh to 14 floor of the building from the authorities on time because of which the housing loans he sought from banks were cancelled more than once. However, the bench noted that as per the agreement between the two parties, Mr. Naidu also did not pay the ‘minimum balance advance’ for the flat, because of which he was not liable for a ‘Pre-EMI’ housing loan scheme offered by a bank.
The construction company also contested that the complainant did not submit relevant documents to the builders for consideration of sanctioning a housing loan to him. It also stated that not obtaining the layout approval for the aforementioned floors is not a ground for complaint, and that he had also left for the US in between once without informing them, and so they could not be blamed.
The bench noted all the those facts, and ruled that since the construction company has not cancelled his allotment still, the builders should hand over the apartment to Mr. Naidu within a month whenever he pays the balance amount.
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