MARGAO: The South Goa Consumer Disputes Redressal Forum (SGCDRF) recently passed an order that stands to have serious ramifications for builders with regard to monthly maintenance charges imposed on units in complexes as well as failure to form a co-operative housing society.
SGCDRF, while disposing a petition filed by residents of ‘Serenity at Varca’, directed Total Securities Pvt Ltd to return to the complainants Rs 2,07,259 collected by them over three months in 2011.
The order directed that the amount paid as house tax and towards the individual electricity meters of the three units purchased by the complainants be deducted from the sum. The forum also awarded a sum of Rs 10,000 to the complainants as compensation.
Total Security Pvt Ltd and Director Pankaj Madhok and his wife from Rajasthan have also been directed to pay interest at 9 percent per annum on the amount from the date of payment to the complainants, Neo Pachisia and Subash Desai, till the date of actual return of the amounts to the complainants.
They have been directed to pay Rs 50,000 towards mental torture and harassment caused to the complainants and to form a Co-operative Housing Society within 60 days of receipt of the order and hand over the maintenance of the complex to the society.
The builders were also directed to co-operate with the complainants and sign all documents and forms required to change the names in the records of the Electricity Department. Advocate Jonathan Costa appeared for the complainants.
As per the facts of the case, the complainants in lieu of and in keeping with the sale deeds signed the amount of Rs 3 lakh as deposited by them with the builder with respect to the units purchased towards necessary monthly expenses, electricity charges and other common expenses towards the maintenance of the complex.
The complainants were further informed that the monthly expenses would be proportionate to the built up area purchased and that they, along with the purchasers of other units, would be able to form a Co-operative Housing Society or Association for maintenance and repairs of the building and that the builder would assist and facilitate this.
