Vadodara-Based Northway Spaces told to refund money for not giving Flat Possession

VADODARA: City-based real estate company Northway Spaces Limited (earlier known as Mayfair Space Limited) has been directed to pay Rs 1.5 lakh with interest of 8% and Rs 6,000 towards mental harassment and legal cost to Ravi Solanki, a resident of Gorwa, by the district consumer forum.

Solanki had bought a flat in ‘Eklavya’ scheme of the company in Gorwa for over Rs 9 lakh and had signed an agreement in December 2015. After paying Rs 1.5 lakh, when he did not get possession, Solanki approached the consumer forum in February last year against Sangram Barot, authorized person of the company, and Mona Amit Bhatnagar, Richa Sumit Bhatnagar and Madhurilata Suresh Bhatnagar, who are directors of the company.

In his complaint, Solanki stated that he paid the money through different cheques and for the remaining amount, he had applied for loan. He told the court that he was told that he will get the possession of the flat in 2016. But when he went to the site after his loan was approved, he learnt that the developers had only constructed four towers instead of 43 and construction was only up to six slabs instead of 13 and there were no internal walls.

His complaint stated that plaster work of the building was pending, besides the incomplete sanitation work, electrification, elevator in the building, water and drainage connection and doors and windows. The brochure mentioned that high quality lights, multipurpose ground, multipurpose court, retail plaza, ‘vyayam shala’, RCC roads, street lights, garden, jogging track, children play area and parking space will be provided, but nothing was provided, Solanki told the court.

In November 2016, when Solanki went to enquire about the property, he was not given a proper answer and was asked to leave. Later when he was told that he will not get possession by the end of 2017 he asked for refund of his money. He told the court that in two years the price of the property appreciated by Rs 5 lakh therefore in his complaint he asked for a refund of his money along with interest applicable since December 2015 and the appreciated value of his property.

During the hearing the authorized person and the directors of the company did not remain present. The court considered the sale agreement, brochure, and receipt of the token amount as evidence and ordered that since the company’s authorized person and directors failed to handover possession of the property to Solanki, he should be given his money along with interest.

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