The ruling by the Mumbai Suburban consumer commission resolved a dispute between homebuyer Shyamsunder Madanlal Varma and the Poddar Riviera Phase project in Kalyan. Varma had requested the return of his funds after being unable to secure a housing loan, but the builder withheld the money despite a legal notice. Although the firm earlier proposed a partial refund via email, it never appeared before the commission to substantiate any deduction. The tribunal deemed the retention a deficiency in service and mandated a full reimbursement alongside compensation.
Key points
Developers cannot legally enforce standard non-refundable clauses without demonstrating a…: Developers cannot legally enforce standard non-refundable clauses without demonstrating actual financial damages or contractual forfeiture rights.
The company faces an immediate liability of Rs 1.77 lakh that climbs to about Rs 2.35 lak…: The company faces an immediate liability of Rs 1.77 lakh that climbs to about Rs 2.35 lakh when calculated with interest.
Failure to comply within 45 days triggers a mandatory 9 percent annual interest rate dati…: Failure to comply within 45 days triggers a mandatory 9 percent annual interest rate dating back to June 1, 2022.
Sources checked by our analysis pipeline: 1
MUMBAI: The Additional District Consumer Disputes Redressal Commission, Mumbai Suburban, held that a general non-refundable clause in a flat booking form cannot by itself justify retaining a buyer’s money when the developer fails to prove actual loss or a valid basis for forfeiture. This ruling was recently made by a Mumbai Suburban District Consumer Disputes Redressal Commission ordering a builder to refund a buyer's booking deposit alongside interest, compensation for mental agony, and litigation costs, bringing the total financial liability to Rs 2.35 lakh. The commission, comprising President Pradeep G Kadu and Member Gauri M Kapse, directed Poddar Riviera Phase, Kalyan, to refund Rs 1.47 lakh to complainant Shyamsunder Madanlal Varma, who had booked a flat in the project but sought cancellation after banks did not sanction a housing loan.
Varma had paid Rs 1.47 lakh towards booking of a flat in Poddar Riviera Phase-I at Mharal Village near Shahad Station. After the loan was not sanctioned, Varma requested cancellation and refund. Varma said repeated phone calls and emails did not result in repayment, and a legal notice dated Feb…
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