Pune's Shivtara Meredian Associates told to refund Rs 3.35 lakh to homebuyer

Pune's Shivtara Meredian Associates told to refund Rs 3.35 lakh to homebuyer

The district consumer court has directed Shivtara Meredian Associates — a partnership firm in realty business, located on Bund Garden Road — to refund Rs 3.35 lakh with 9% annual interest since December 31, 2015, for deficient service to an Ahmednagar resident.

The interest component so far works out to Rs 57,788 till November 30, 2017, and will continue to grow till the actual payment is realized. The court has also imposed a Rs 5,000 cost on the realty firm while giving it 45 days time to implement the order. Complainant Pradip Jalinder Sole of Jamkhed in Ahmednagar district had cancelled a deal to purchase a 570 sq ft flat in the firm’s proposed housing project, Tara Alicia, at Kunjirwadi, after there was no progress in construction. He has since pursued the matter of a refund of Rs3.35 lakh, which he had paid the real estate developer.

The realty firm had even given him two cheques towards a partial payment of the refund amount, but those cheques bounced, prompting Sole to file a consumer complaint against the firm’s partners, Nilesh Shivji Singh and Ravindra Laxman Dhumal.

In an ex parte ruling on December 8, a three-member bench comprising consumer court president V P Utpat and members Onkar G Patil and Kshitija Kulkarni referred to the evidence adduced by Sole, which remained unchallenged, and held: “The complainant has established that the opposite parties (realty firm) have caused deficiency in service by not refunding the booking amount as well as stamp duty and registration charges and the consumer complaint deserves to be partly allowed.”

The bench pointed out that notices were duly served on the two partners in the realty firm, but they failed to appear before the forum without any sufficient reason and also failed to file their written version on record. As such, the consumer complaint proceeded ex parte against them, it held.

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