Mumbai: Consumer Commission Awards ₹85,000 Each To 4 Chembur Flat Buyers Over Builder’s Lapses

Mumbai, October 1, 2026: The District Consumer Disputes Redressal Commission, Central Mumbai, has directed Ekdanta Construction Pvt Ltd to pay Rs 75,000 in compensation and Rs 10,000 towards litigation costs to each of four flat buyers from a Chembur redevelopment project, holding the developer guilty of deficiency in service.

The complaints were filed by Felix D’souza, Ajay Kochale, Elma Barreto and Bhupendra Dhamankar, who had purchased flats in a building at Tilak Nagar, Chembur. The commission passed a common order on September 22, 2026.

Buyers Allege Multiple Lapses

The buyers alleged that the developer handed over possession without obtaining an Occupation Certificate (OC), collected parking and maintenance charges without providing the promised facilities, and failed to maintain essential services, including water supply, electricity in common areas, lift operation, security, housekeeping and garbage collection. They also alleged that the promised EPBX/intercom facilities were not provided.

However, the advocates for the complainants informed the commission that while the complaints were pending, the developer produced a Full Occupation Certificate, along with a Final Fire NOC and Drainage Completion Certificate, all dated January 10, 2025.

The advocates, however, submitted that the complaints were being pursued before the commission for compensation towards the mental harassment allegedly suffered by the occupants since they had taken possession of their flats.

Developer Disputes Complaints

The developer, in its reply, disputed the allegations and contended, among other things, that it had not entered into the original agreements with the purchasers and that the complaints were barred by limitation.

Commission Rejects Limitation Objection

Rejecting the limitation objection, the commission held that the failure to obtain the OC constituted a continuing cause of action, as the certificate had not been obtained even after possession was handed over in December 2008.

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The commission also held that Ekdanta, which subsequently took over the redevelopment project on an “as is where is” basis, had assumed the existing obligations and liabilities towards the purchasers. Therefore, the buyers continued to qualify as consumers despite having originally entered into agreements with the earlier developer.

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