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Consumer forum comes down heavily on builders

K.T. Sangameswaran

CHENNAI: “We are coming across complaints against several promoters and builders indulging in unethical, illegal, improper and irregular practices, motivated by avarice,” the State Consumer Disputes Redressal Commission has said.

The Bench of Justice K. Sampath, president, and member Pon.Gunasekaran said that while promoting their projects, builders promised the ultimate in comfort, convenience and aesthetics. Buyers were lured by wild promises and were happy with the prospect of having a roof of their own, but later they would realise that they were taken for a ride—the plans were not approved and, even if they were approved, construction did not comply with the approved plan, and they had been charged more than the area sold, the carpet area found in the document included the common area and the promoters retained an undivided interest in the site.

“It will be quite an effort to list all the illegalities and irregularities indulged in by them,” they said. Builders took undue advantage of the fact that though each flat owner was an owner of some undivided interest in the site, the reality was that he could not demand partition and separate possession of his undivided interest in the land.

“Then the demolition notices start arriving—promoters hope to thwart their efficacy by means dubious and foul and invariably succeed in obtaining revised approved plans or getting the violations condoned, thanks to the system which is mired in corruption, greasing the palm being the order of the day and the panacea for all such ills,” the Bench said.

The Commission was allowing an appeal filed by P.V. Raghupathy and six other residents of Rainbow Manor Apartments, Tiruchi Road, Coimbatore. They said the opposite parties could not have any right to any portion of the land, or in the basement area, after construction was over and possession handed over to flat owners. But the company had converted the basement area into its office room .

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