In a recent ruling, the Gujarat State Consumer Dispute Redressal Commission has instructed Sambhav Infrastructure Pvt Ltd and its directors, Mihir Desai and Toshal Desai, to deliver possession of flats to five customers who booked housing units in the Stavan Parishray scheme in Gota. The Commission has ordered compensation of Rs 3.80 lakh or a refund for these 5 customers. The directive also follows a case where the builder failed to fulfil its commitment made in 2012, leading to a legal intervention.
In a significant legal development, the Gujarat State Consumer Dispute Redressal Commission has issued a compelling directive against a well-known developer firm and its directors, Mihir Desai and Toshal Desai. The order mandates the transfer of possession of flats to five disheartened customers, coupled with a substantial compensation of Rs 3.80 lakh or a full refund of the amounts paid as consideration. The intricate case involves five consumers, namely Naresh Balwani from Gandhidham, Mehulbharthi Goswami, Heena Khorasiya, Chakshu Suthar, and Lalit Soni. These individuals had invested in flats within the ambit of the Stavan Parishray scheme situated in the Gota area, a venture promoted by Sambhav Infrastructure Pvt Ltd. The inception of the scheme dates back to 2012, attracting bookings from these customers in 2015, each contributing varying amounts towards the sale consideration. With an initial promise from the builder to deliver possession of the flats without any encumbrance by February 2016, the consumers were optimistic. However, as time unfolded, this commitment remained unfulfilled, leading the affected customers to seek redress from the Gujarat State Consumer Dispute Redressal Commission. In response to the grievances presented by the consumers, the Commission has not only mandated the long-awaited delivery of possession but has also attached a compensation clause. The developer firm, along with its directors, is now obligated to comply with the Commission's directive, ensuring that the affected customers receive their promised flats or, alternatively, are adequately compensated for the protracted delay in possession. This ruling serves as a poignant reminder of the paramount importance of upholding commitments made by developers to prospective purchasers. The real estate sector, known for its complexities and intricacies, necessitates a robust framework for consumer protection. The Gujarat State Consumer Dispute Redressal Commission's decisive action reinforces the principle that developers must be held accountable for meeting their obligations, thus fortifying the trust and confidence of consumers in the real estate market. The Commission's order underscores the broader implications for consumer rights and protection in the real estate sector, setting a precedent for adherence to timelines and promises made by developers to homebuyers.
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