Victor Rao :

The District Consumer Disputes Redressal Forum-III, Hyderabad, slapped the Aliens Groups with a penalty of Rs 2 lakh to be paid as compensation to a customer for ‘harassing’ and for the mental agony meted out to him. The Forum directed the building company to pay the penalty within the time for compliance of 30 days. The case pertains to a complaint filed in 2015 by Avinash J Fernandez represented by Abhijit J Fernandez, of West Marredpally, Secunderabad, against Aliens Developers Private Limited located at Tellapur and the manager and vice-president.

The complainant approached the Forum urging it to direct the company to pay Rs 10 lakh towards compensation for mental agony and physical stress suffered by him and to pay Rs 1.98 lakh as compensation towards the delay for the period till December 2015 and also to pay Rs 5,376 per month starting from January 2015 till the possession of the flat and Rs 10, 000 towards cost. Forum president Y Chandrasekhar Reddy and members D Mahesh Kumar and C Nirmala passed the order after hearing a petition filed by Avinash J Fernandez.

The order was passed on April 27. The complainant claimed that having attracted by the brochure issued by Aliens Group, the complainants booked Flat No 1581, Station 13 on 15th floor measuring 1,792 sq ft in the complex known as Aliens Space Station-1 for a sum of Rs 51,24,000. They entered into an agreement of sale for the flat on July 7, 2010. The complainants and the builder entered into a tripartite agreement with the State Bank of India on August 2, 2010, for a sum of Rs 35,46,000 and the balance amount was agreed to be paid by the complainants.

They also claimed that they also entered into an agreement on June 4, 2012, where the developers agreed to construct and complete the flat for an amount of Rs 30,59,486 as per the specifications advertised by the developers in the brochure at the time of booking the flat. Finally, the complainants were ready to pay the Rs 2.24-lakh to the developers but the latter did not come forward to hand over the flat to the complainants till date.

They mentioned in the complaint that as per the agreement the developers are supposed to deliver the flat on or before November 2011 with a grace period of nine months, but they executed the sale deed on June 4, 2012. The developers demanded an additional amount of Rs 16,35,000 to make modification in flat. The Forum censured the company, noting that they miserably failed to complete the construction work and deliver possession of the flat to the complainants till date.

“Despite the developers getting two legal notices, they neither completed the construction work nor gave any reply to the legal notices,” the Forum said, adding that accordingly the point was answered in favour of the complainants and against Aliens Group. “Agreement of sale clearly stipulates that developed should pay Rs 3 per sq ft, which comes to Rs 5,376 per month.

The stipulated period of completion of the construction work was November 2011. So, from December 1, 2011, till the date of possession, the company is liable to pay Rs 5,376 per month towards punitive charges. The ends of justice would be met if an amount of Rs 2 lakh is awarded towards compensation and Rs 2,000 toward cost,” the Forum ordered.