MAN TO GET POSSESSION OF SHOP AFTER 21YEAR WAIT

Twenty-one years after buying a shop in Navi Mumbai, a senior citizen is set to get its possession.

Anil Dighe, a chemical factory worker, had booked a 245 sqft shop in the proposed building ‘Cinema Cum Shopping Complex’ in Sector 11, Navi Mumbai on July 30, 1996 for Rs3.43 lakh. He had paid Rs2.05 lakh, and was to get immediate possession of the shop. However, the builder delayed the construction of the building, and did not give Dighe the possession of the shop.

Dighe approached the Maharashtra State Consumer Disputes Redressal Commission in 2010.

The commission has now not only asked builder to give the possession of the shops booked by the consumer after he pays the balance amount, but also asked to pay compensation of Rs3 lakh for the delay. The commission also told the consumer that he can claim the return of his payment for the shop as per its current market value, which is calculated as Rs 21.82 lakh.

The bench of Usha Thakare and PB Joshi of the commission heard Dighe’s complaint. In his complaint, Dighe demanded possession of the shop, and compensation for loss of rent income for 13 years, which he calculated to be Rs52.40 lakhs.

The builder contested his claim, alleging that the complainant had not made the payment as per schedule, and so there was delay in construction. The commission ruled out the said argument, observing that “the complainant has... invested nearly 25 years of his savings” and held the builder guilty of deficiency of ser