Six years on, couple to get possession of Mumbai flat

For Bangalore-based Jamil Shaikh and Mallika Jamil, it was a six-year wait to possess a flat in the upscale Lokhandwala locality in Andheri. The State Consumer Disputes Redressal Commission has finally ruled in favour of the couple, directing the builders to hand over possession of the a 1,036-sq ft flat to them. It also directed RNA Builders (NG) and M/s Rockline Construction Company to pay an additional Rs 25,000 as cost of litigation.The case dates back to 2006, when the Shaikhs had booked a flat with the builders.

The cost of the flat was Rs 58.45 lakh. With the first installment paid, the Shaikhs' waited for some progress to be made in the construction and stopped the following payments. As per their complaint filed with the commission, the project was delayed incessantly and the builders did not have any convincing reasons for the same.The couple has claimed that the Group had arbitrarily decided to discontinue with the deal signed between the two parties. While the Shaikhs' conveyed their interest in continuing with the deal and willingness to wait till the project was completed, the builders had allegedly gone about discontinuing the agreement. As per the complaint, the builders, without any prior intimation, had cancelled provisional booking.

The Shaikhs finally decided to approach the commission, seeking their house back and compensation for the mental agony suffered.

While the Rockline Construction Company told the commission that the agreement was terminated and hence, the complaint did not stand before the commission, the couple insisted that it was deficiency of service on part of the builders and that they were cheated.

Holding the builder's action of canceling the booking arbitrary, the commission has directed that the Shaikhs' should pay the rest of the decided amount as per the contract and take possession of the flat.

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