Necessity: Accepted token- flat to be given

By Accommodation Times Bureau

Under contractual obligation, it is necessary for the builder to give the buyer its possession provided that the token has been given. Recently, a case was filed by a city- based developer in the state Consumer Commission regarding such an issue.

As per the case, in 2005, Santacruz resident Amit Kadam had booked a flat in Sagar Avenue II in Santacruz (East) at Rs. 3,400 a square foot. Hence a token amount of Rs. 3 lakh was paid to the builder in November 2005. However, the project was stalled for a while due to which the developer failed to give possession of the flat to Kadam till 2007. Later, the developer offered to return the token amount to Kadam, which the latter refused to accept. Therefore, Kadam filed a consumer complaint to get the possession of his flat.

Whilst the hearing, it was found that the developer had not signed any Sales Deed since only token amount was accepted. But the developer had given a receipts stating name of the project, floor and the flat number to be sold to the complainant. However, during the course of hearing the project was completed though delayed.

"In this case, the consumer sought for the flat as against the payment of the token advance he had paid. The project is now completed, though delayed, and the complainant is willing to pay the balance amount," the commission said.

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