Tamil Nadu State Consumer Disputes Redressal Commission has directed a real estate developer in Tirunelveli district to pay a compensation of Rs. 2.5 lakh to the purchaser of an apartment for not providing certain basic amenities and not rectifying defects pointed out by the customer, thereby causing serious mental agony to him.
Allowing an appeal filed by the purchaser, S. Ravishankar of Perumalpuram, the Madurai Bench of the Commission comprising J. Jayaram and M. Murugesan said that it was ordering compensation to the appellant since it was too late in the day to direct the builder to rectify the defects in the apartment constructed between 2007 and 2008.
The commission also held that the District Consumer Forum was not right in dismissing the plea for compensation just because the purchaser had approached it only in 2010. Referring to a decision passed by National Consumer Disputes Redressal Commission in a similar case, it stated that non-provision of facilities by a builder created a continuing of case of action.
In his claim petition, the appellant had sought a compensation of Rs. 50,000 for not providing drinking water, Rs. 25,000 for not constructing a compound wall around the complex, Rs. 25,000 for not creating a children’s park and approach road within the campus, Rs. 25,000 for not adhering to building plan sanctioned by Tirunelveli Corporation, Rs. 50,000 for mental agony and so on.
