It is often seen that homebuyers get a flat but builders use poor quality materials in the flat. The cement in the walls is falling off or there is dampness in the house. Let us tell you that even after getting the possession of the house, buyers can complain against the builders. The builder will have to pay compensation for poor quality. Something similar happened with Madhubala, a woman living in Indrapuri area of Delhi. She fought a long legal battle over the flat allotted in her late husband’s name. This story is not just about their struggle, but about all those home buyers who face difficulties due to the negligence and lack of service of the builders.
Complaint about bad condition of flat
In 1996, a flat was allotted in the name of Madhubala’s husband. But after the death of her husband, she had to wait a long time to get possession of the flat. When they finally took possession of the flat in 2019, it was in a bad shape—dilapidated walls, poor construction and in need of extensive repairs. He got the flat repaired with his savings, but it caused him huge financial loss. To compensate for this loss, he filed a complaint with the District Consumer Commission in 2020, demanding compensation of Rs 20 lakh.
Claim dismissed and ray of hope
Unfortunately, the District Consumer Commission rejected her complaint saying that after taking possession of the flat, she was no longer a consumer. This decision was a shock for Madhubala. But he did not give up and appealed to the State Consumer Commission.
State Commission’s intervention
A bench of State Consumer Commission Chairperson Justice Sangeeta Dhingra Sehgal and judicial member Pinky heard the case. He clarified that any person can seek compensation for deficiency in service, whether he has taken possession of the property or not. The State Commission said that it is the responsibility of builders and developers to provide quality service to the consumers. Even after taking possession or completion of registration, if deficiency in service is found, then there is a right to compensation.
importance of decision
The State Commission found the decision of the District Commission wrong, canceled it and returned the case to the District Commission for further hearing. Madhubala’s struggle and the State Commission’s decision is a strong message for all home buyers. This decision will not only make builders realize their responsibilities but will also give confidence to customers that justice can be served. Madhubala’s story is an inspiration for every person who wants to stand up for their rights. This decision indicates that injustice can be fought through the legal process.