Builder wanted Rs 20L more to give flat; buyer wins

In 2005, Mr. Shakil Anwar, based in the USA, purchased a 1208 sq ft flat with a parking space in Patna, India. The agreement for sale was signed on August 5, 2007. The total cost was Rs 10,41,250, with a deposit of Rs 9 lakh made prior to the agreement and Rs 2 lakh paid as a commission fee. The remaining Rs 1,41,250 was due in two installments, which were due on October 10, 2007, and February 15, 2008. The builder assured delivery by August 2008, but Anwar remained without possession until 2012.

During this period, the builder asked Anwar to pay an additional Rs 4 lakh due to increased construction costs, and later demanded another Rs 20 lakh for possession, citing a higher valuation of the flat. When Anwar refused, the builder threatened to withhold the flat and filed a criminal case. Anwar's mother intervened, leading to a further demand for Rs 2 lakh. Eventually, Anwar deposited Rs 13 lakh against the initial price, in addition to the Rs 2 lakh commission fee.

In June 2012, despite a 3-year wait, Anwar returned to Patna to inquire about the flat. The builder and the company director demanded another Rs 20 lakh for possession, threatening Anwar and his sister. Anwar filed a formal complaint, alleging unfair trade practices, untruthful correspondence from the builder, and lack of transparency regarding the project's completion.

The consumer commission found the builder guilty of dishonest conduct, ordering the repayment of Rs 15 lakh with 12% interest, Rs 10 lakh in compensation for mental distress, and a Rs 2 lakh litigation fee.