Go Green Builders fined 1 lakh, asked to handover occupation certificate, car parking to flat owner

HYDERABAD: The Telangana State Consumer Disputes Redressal Commission has directed Go Green Builders, of Defence Colony, Sainikpuri to pay Rs 75,000 as compensation and Rs 25,000 for costs to flat owner Jammu Venkateshwar Rao, resident of old Alwal for not handing over the flat as assured in the purchase agreement.

The Commission in its judgment on June 27, 2023, also directed the builder to complete all pending works, hand over the occupation certificate required by the PNB Housing Pvt Ltd and car parking as per the agreement within 30 days of the order.

Venkateshwar Rao filed a case against Go Green Builders on January 11, 2019, alleging that the builder forcibly evicted him from the flat that he purchased and refused to hand over the occupation certificate and car parking.

The complainant said that the builder issued a colourful brochure giving specifications and amenities to be provided to the prospective purchasers of a flat in Go Green Heights situated at Bhupathi Nagar, Old Alwal. Based on that that he agreed to purchase residential flat No 502 with a built-up area of 1,600 sqft. with one car parking and amenities like the false ceiling in bedrooms, hall, dining hall and kitchen with an undivided share of 63.54 square yards for a total consideration of Rs 44,50,000.

Venkateshwar Rao entered into an agreement of sale with the builder and paid Rs 11,00,000 as an advance. Upon which the builder agreed to deliver possession of the flat within 12 months with a grace period of four months.

Owner of the flat secured a housing loan from PNB Housing Pvt Ltd Kukatpally branch and before completing the flat the builder executed a registered sale deed for a semi-finished flat in favour of the complainant. Unfinished works at the time of registration were walls, door and windows, toilets, sanitary tiles, plumbing works, flooring electrification, and painting works worth Rs 11,00,000.

Go Green Builder then agreed to complete work within six months but failed to do so. Meanwhile, one M Nagaveni of Moulalali impersonating a partner of the building firm trespassed into the flat, created a nuisance and demanded an additional amount of Rs 4,00,000 as GST charges, and dispossessed the complainant, Venkateshwar Rao. He refused squatted in front of the flat and filed a police complaint in Alwal against Nagaveni.

During the hearing, the builder agreed that they obtained an occupancy certificate from GHMC and were ready to give the same to the owner of the flat but were waiting for the payment of the balance amount of Rs 10,88,302 from the purchaser of the flat. The Commission felt that Go Green Builders was liable to hand over possession and also the occupancy certificate forthwith to the complainant.

The Commission also opined that the builder could not withhold the handing over process for the payment of GST as an appropriate authority would have to decide that matter. The Commission however directed Jammu Venkateshwar Rao to deposit Rs 2,95,000 he was due to pay to the builder and the builder must complete all the pending works.