The Bombay high court has ordered Omkar Realtors & Developers to hand over a habitable flat to one Shahveer Kapadia in a plush tower in Worli called “Omkar 1973” within a week after observing that the flat on the 65th floor handed over to him had huge iron struts.
Justice Girish Kulkarni has said that if the developer fails to hand over a habitable premises within a week, a court receiver will be appointed.
The HC was hearing a petition filed by Kapadia and his wife after Omkar Realtors & Developers failed to hand over their flat despite paying the full consideration. Kapadias bought the 65th-floor apartment in for Rs 23 crore in 2015. They completed the payment in 2017.
In addition, the HC has also asked the developer to provide, as per the agreement, three private lifts for the flat in Tower A in three months.
Expressing displeasure with the developer’s conduct, Justice Kulkarni, in his March 21 order said: “In this proceeding filed under section 9 of the Arbitration and Conciliation Act 1996, the Court is confronted with an utmost dishonest and adamant stand being taken by the respondents.”
The court also noted that despite the “construction upto 69th floor was fully complete, the respondents (Omkar Realtors) are refusing to hand over clear possession of the petitioners’ flat without any obstacles and hurdles, so that it can be occupied by the petitioners in a normal and peaceful manner as handed over to the others.”
Reprimanding the developer, the court said, “ If the respondent and its directors are of the opinion that they can overreach law and are above law and that they can wantonly defy contractual obligations, they are under a false and mistaken belief. The strong arms of law need to reach such developers, who abuse their position of trust (and) deceive flat purchasers after receiving the full consideration for the flats they sell.”
Kapadias’ plea stated that their apartment was a part of a special series with private lifts in addition to the common lifts. The Slum Rehabilitation Authority (SRA) granted part Occupancy Certificate (OC) to the tower up to the 69th floor.
The developer handed over possession till the 64th floor to the buyers. However, the possession handed over to Kapadias was coupled with insurmountable hurdles and obstructions.
The construction of the tower has been stalled since nearly four years following a stop work notice issued by the SRA on Enforcement Directorate’s directions. The directors of Omkar Realtors were arrested by the ED and are at present in custody.
The court noted, after going through the photographs that the Kapadias’ flat “is kept in a manner as if it is a junk yard”.
“Respondents in their dominant position against the flat purchaser also have the audacity to offer possession of the flat which is in such an inhabitable state to the petitioners. The flat purchasers who have fully parted with valuable consideration, under no circumstances can be meted out with such treatment by any developer,” the court added.
The court rejected the request from developers’ counsel to stay the order saying: “… the petitioners having already suffered the request for stay is rejected.”
