Forum includes default clause against builder

The Dakshina Kannada District Consumer Disputes Redressal Forum has directed builder Ramesh Kumar, R K Developers and Maurishka Park Apartment Owners’ Association (MPAOA) to pay Rs 10,34,530 as compensation to Ravindra Prabhu, an apartment owner.

Prabhu had filed a case in March 2013, accusing the builder of not handing over the apartment to him on time. Vishweshwara Bhat D, consumer forum president, had observed during trial that the builder had delayed the delivery of the apartment by 17 months.

“Under the agreement, the builder had every right to terminate the agreement if the buyer defaulted on the payment. Thus, when the builder delays in handing over the apartment, it is fair and just for the buyer to seek compensation on similar lines even if the document does not make any mention of a default clause against the builder,” the forum declared.

The forum, disposing off the case, directed Ramesh Kumar and the MPAOA to pay apartment owner Ravindra Prabhu Rs 10,34,530 as compensation. It also directed them to pay Rs 25,000 as solatium and Rs 8,000 as cost of the complaint.