In January 2015, S Rathna and DS Prabhu Rajadurai had paid an advance of Rs 1 lakh to book a villa at a project at Pudupakkam village by promoters, Sylvanus Builders and Developers Ltd and Pacifica Builders Private Ltd.
In August 2015, the parties entered into an agreement of sale and the construction agreement was entered into in June 2017 for an extent of 1,447 sqft. “The total size of the plot at present works out to 1,372 sqft as against the dimensions of the plot measuring 1,447 sqft; there is nearly 75 sqft shortage in area of the plot, which amounts to Rs 2.25 lakh as per the value fixed on the date of allotment,” they added.
Hearing the plea, adjudicating officer G Saravanan observed that as per Section 14 (3) of Real Estate (Regulation and Development) Act, the allottee can, within a period of five years from the date of handling over possession, bring to the knowledge of the promoter regarding the structural defect or any other defect in workmanship, quality or provisions of services or any other obligations of the promoter as per the agreement of sale.
“The promoter is bound to rectify the same within a period of 30 days. In the event of failure to do so, the allottees are entitled to receive appropriate compensation as per section 72 of the Act. Therefore, the complainants are entitled for compensation for shortage of 75 sqft,” he said in the order.
Saravanan ordered the promoters to return Rs 2.25 lakh with interest, along with Rs 1 lakh as compensation for mental agony and Rs 25,000 towards litigation expenses.