The District Consumer Disputes Redressal Forum has directed a builder to rectify construction defects in a flat that he had allotted to a Sector-32 resident. If the repairs are not completed within a month,N K Sharma Enterprises he will have to pay Rs 25,000 as compensation. Complainant Dr Pankaj Kumar Mittal said he had paid Rs 6.5 lakh as earnest money to N K Sharma Enterprises for a second-floor flat in Savitry Towers at Zirakpur. In all,Rs 20 lakh was paid to the builder. According to the payment schedule,Mittal had to pay 75 per cent of the total cost of the flataround Rs 27 lakhon or before the first week of June 2007. The builder was supposed to hand over possession before executing the sale deed (which was to be done on or before December 2007). Despite making all payments on time,the builder failed to deliver the flat on schedule,Mittal averred. When I finally got possession,the flat contained numerous construction flaws. I sent a number of reminders to the builder to rectify them but to no avail, stated Mittal. In its reply,N K Sharma Enterprises contended that the complainant booked his flat in Savitry Heights,and later transferred it to Savitry Towers. At the time of transfer,Mittal was told that the project would take some time to complete. The flat was ready in December 2007 but the complainant pointed out some minor defects in its construction. We requested him to take over the flat immediately by paying the entire payment while assuring him that the defects would be rectified in a day or two. But the complainant chose to keep the matter hanging and did not clear his dues on time, submitted the builder. Announcing the verdict,the forum said the builder had not produced any documents to suggest that the complainant had earlier booked the flat in Savitry Heights. The question of delay on this account is,therefore,not acceptable. The complainant is entitled to the possession of flat and we direct that the defects be removed, ordered the forum.
