Mumbai: A developer, who was penalised by the Maharashtra State Consumer Disputes Redressal Commission after it held that the built-up area could not include common spaces like the lift lobby, landing and the staircase, has appealed to the National Consumer Disputes Redressal Commission to quash the order.
The state commission, on May 22, ordered Trison Builders to pay Allwyn Fernandes Rs 10.25 lakh with 9% interest since 1999 for deficiency in service for “having given less living area’’ in a Bandra flat. The national panel has slated the hearing appeal for August.
The plea by Sydney Lobo of Trison Builders said it was surprising that the state commission had not even referred in its findings to the national consumer court ruling that there was no deficiency of service if builders sold flats to buyers and provided them with staircase and landing area, which the buyers had to pay for. Lobo’s lawyer, Denzil D’Mello, said the order of the national commission ought not to have been brushed aside with no reasoning by the state commission.
The case pertained to a tiny plot of land in Bandra. Its owner Fernandes gave the rights to Trison Builders to redevelop the property in lieu of money and two flats elsewhere but later went to court, alleging that the builder had given him lesser space than the promised built-up area. The builder’s defence said the built-up area included staircase and other common spaces such as the landing. D’Mello said he even showed the state commission a letter from Fernandes dated August, 1999, which stated that he (Fernandes) had “inspected’’ the flats in Escada building and found them “as per specifications promised to us’’.
Lobo argued that the complainant had relied on three different measurements given by three architects and displayed an inconsistent stand.
THE CASE SO FAR
The case pertained to a tiny plot of land in Bandra. Its owner Fernandes gave Trison Builders the rights to redevelop the property in exchange for money and two flats elsewhere. However, Fernandes later went to court, alleging that Trison Builder had given him lesser space than the promised built-up area.
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