Man spends Rs 7.5L, 8 yrs to win Rs 7.5k row over flat
The 60-year-old retired engineer has won the case against the builder, but still not taken possession of the disputed flat because he cannot compromise on his principles
Yogesh Avasthi
Posted On Monday, October 07, 2013 (http://www.ahmedabadmirror.com/article/2/20131007201310070237256713f0c70ea/Man-spends-Rs-75L-8-yrs-to-win-Rs-75k-row-over-flat.html
A 60-year-old retired engineer has stood his ground against undue demand of Rs 7,500 from a builder. He has already spent Rs 7.5 lakh and won the case in consumer forum twice. The builder is ready to give him possession of the flat on certain terms, but he is not ready to compromise on his principles.
Om Prakash Katara, who retired as an assistant engineer at a food unit in Naroda, had booked a flat on February 15, 2004 at Bhagwatinagar township in Kubernagar. The price was fixed at Rs 2.65 lakh with builder Priyavadan Shah, the promoter of Priyavadan Housing. Katara was to get possession of the flat in two months, and in case of delay, he was to be paid a rent agreed upon.
Katara took a loan of Rs 2.25 lakh from a leading private bank and made the required payment by cheque by March 25, 2004. He paid back the loan in instalments by January 2006. “A significant feature of the agreement was the provision of 24-hour supply of water for three years. I had already paid Rs 7,500 for this, which was included in the principal sum of Rs 2.65 lakh,” said Katara.
However, Katara did not get the possession in the stipulated period. He was paid Rs 5,000 per month to compensate for the non-possession of the flat. In July, finally he took the possession even though some work was remaining. However, Katara was shocked a day later when he found his home shut, and another lock hanging on the door.
He had just returned from somewhere and his belongings were inside. Katara added, “When I asked him (the builder) for the reason, he asked me to pay Rs 7,500 for water supply. I was shocked yet again. He had already taken the amount. So I refused to pay it. Between 2005 and 2006, I repeatedly requested the builder to hand me over my house. However, he only said I must pay Rs 7,500. I showed him the agreement copy and told him the payment for water supply had already been made.”
Finally, Katara decided to approach District Consumer Forum in 2006. Upon looking into the case, the forum passed order stating that after completing all legal formalities, the builder must give the possession of the house to Katara within a month. Besides, Katara must also be given Rs 6,500 for mental harassment.
However, builder Shah did not obey the order. On the contrary, he appealed against District Consumer Forum’s decision in Gujarat State Consumer Forum in January 19, 2010. On October 19, 2012, the state consumer forum upheld the district forum’s order and also penalised Shah Rs 5,000.
Though the builder paid him Rs 11,500 (Rs 6,500 for mental harassment and Rs 5,000 towards further penalty) through a cheque three months ago, Katara is yet to get the house. “Shah has agreed to give the home, but his terms and conditions are difficult. It’s similar to the previous one. I can’t trust him now,” said Katara.
“There were other anomalies too in the agreement. For example, he gave possession even before the plan was passed,” Katara added. He is determined to pursue his point. “I cannot compromise my principles. It all started with Rs 7,500. I have already spent Rs 7.5 lakh on rent for the flat I live in and in fighting the case. However, I have fought for the right and will keep my fight going unless the problem is sorted out.”
When contacted, Shah said he tried to settle the issue, but Katara was making unjust demands. “I have not demanded any extra money. I built low cost houses and sold them at very reasonable price to the people. No society member other than Katara has any problem. I have tried to solve his problem but he has been harassing me. He wants society to sign the documents which cannot be done legally.”
Yogesh Avasthi
Posted On Monday, October 07, 2013 (http://www.ahmedabadmirror.com/article/2/20131007201310070237256713f0c70ea/Man-spends-Rs-75L-8-yrs-to-win-Rs-75k-row-over-flat.html
A 60-year-old retired engineer has stood his ground against undue demand of Rs 7,500 from a builder. He has already spent Rs 7.5 lakh and won the case in consumer forum twice. The builder is ready to give him possession of the flat on certain terms, but he is not ready to compromise on his principles.
Om Prakash Katara, who retired as an assistant engineer at a food unit in Naroda, had booked a flat on February 15, 2004 at Bhagwatinagar township in Kubernagar. The price was fixed at Rs 2.65 lakh with builder Priyavadan Shah, the promoter of Priyavadan Housing. Katara was to get possession of the flat in two months, and in case of delay, he was to be paid a rent agreed upon.
Katara took a loan of Rs 2.25 lakh from a leading private bank and made the required payment by cheque by March 25, 2004. He paid back the loan in instalments by January 2006. “A significant feature of the agreement was the provision of 24-hour supply of water for three years. I had already paid Rs 7,500 for this, which was included in the principal sum of Rs 2.65 lakh,” said Katara.
However, Katara did not get the possession in the stipulated period. He was paid Rs 5,000 per month to compensate for the non-possession of the flat. In July, finally he took the possession even though some work was remaining. However, Katara was shocked a day later when he found his home shut, and another lock hanging on the door.
He had just returned from somewhere and his belongings were inside. Katara added, “When I asked him (the builder) for the reason, he asked me to pay Rs 7,500 for water supply. I was shocked yet again. He had already taken the amount. So I refused to pay it. Between 2005 and 2006, I repeatedly requested the builder to hand me over my house. However, he only said I must pay Rs 7,500. I showed him the agreement copy and told him the payment for water supply had already been made.”
Finally, Katara decided to approach District Consumer Forum in 2006. Upon looking into the case, the forum passed order stating that after completing all legal formalities, the builder must give the possession of the house to Katara within a month. Besides, Katara must also be given Rs 6,500 for mental harassment.
However, builder Shah did not obey the order. On the contrary, he appealed against District Consumer Forum’s decision in Gujarat State Consumer Forum in January 19, 2010. On October 19, 2012, the state consumer forum upheld the district forum’s order and also penalised Shah Rs 5,000.
Though the builder paid him Rs 11,500 (Rs 6,500 for mental harassment and Rs 5,000 towards further penalty) through a cheque three months ago, Katara is yet to get the house. “Shah has agreed to give the home, but his terms and conditions are difficult. It’s similar to the previous one. I can’t trust him now,” said Katara.
“There were other anomalies too in the agreement. For example, he gave possession even before the plan was passed,” Katara added. He is determined to pursue his point. “I cannot compromise my principles. It all started with Rs 7,500. I have already spent Rs 7.5 lakh on rent for the flat I live in and in fighting the case. However, I have fought for the right and will keep my fight going unless the problem is sorted out.”
When contacted, Shah said he tried to settle the issue, but Katara was making unjust demands. “I have not demanded any extra money. I built low cost houses and sold them at very reasonable price to the people. No society member other than Katara has any problem. I have tried to solve his problem but he has been harassing me. He wants society to sign the documents which cannot be done legally.”
