Mumbai: The Mumbai Suburban Additional Consumer Dispute Redressal Commission has directed a Panvel-based real estate developer, Monarch Universal Lifescapes, to refund Rs 21,64,890 to a flat buyer, along with six per cent interest from 2012. The commission also ordered the developer to pay an additional Rs one lakh for causing mental agony to the complainant and ₹25,000 towards litigation costs.
The case was brought by Nirish Kadakia, a resident of Andheri, who had booked a flat on the 27th floor of a project being developed by Monarch Universal Lifescapes. Kadakia had paid Rs 21 lakh as a booking amount and an additional Rs 64,890 towards service tax in 2012.
According to the complaint, the developer had agreed to sell Flat No. 2702 on the 27th floor of the building named Oasis in the Panvel project. Kadakia made two payments via cheque Rs 21 lakh on September 1, 2012, and Rs 64,890 on November 12, 2012, as service tax.
The developer acknowledged the payments and issued a letter of reservation confirming the flat booking. The brochure and public representations by Monarch Universal Lifescapes assured buyers that the project, situated in Village Aakurli, Taluka Panvel, District Raigad, would feature multi-story buildings with various amenities.
Despite repeated follow-ups, Kadakia stated that the developer failed to execute a sales agreement. In June 2015, Kadakia visited the project site and discovered that construction had only reached the plinth level. The project remains incomplete, according to the complainant. The developer allegedly failed to fulfill its contractual and legal obligations, as outlined in the letter of reservation dated November 12, 2012.
Kadakia argued that the developer's failure to complete the project and convey the flat's ownership to him constituted a severe deficiency in service. The Consumer Commission upheld Kadakia's claims, ordering the developer to refund the booking amount with interest, along with compensation for mental agony and litigation costs.
