Mumbai: The Additional District Consumer Disputes Redressal Commission (DCDRC), Mumbai Suburban, has directed Thane-based Wings Lifespaces Marketing Services Private Limited, a real estate firm, to refund the deposit amount for causing an unreasonable delay in registering the agreement for sale. The Commission ordered the developer to return Rs 7,92,300, which the complainant had paid towards booking a plot in 2017, along with interest at the rate of nine per cent per annum. The Commission also directed the developer to pay an additional Rs 50,000 as compensation for mental agony and Rs 10,000 towards litigation costs.
According to court documents, Aninda and Purnima Bhattacharya, residents of Ghatkopar, had booked a 1,790 sq. ft. plot in Village Khandeghar, Taluka Vikramgad, through Wings Lifespaces Marketing Services Pvt. Ltd., Acropolis Infrastructure Development, and Wings Realty Ventures LLP. The total consideration for the plot was Rs 8,25,500, of which the couple paid Rs 7,92,300 in instalments by June 2017.
Despite the substantial payment, the developers repeatedly failed to execute and register the agreement for sale. After years of unfulfilled assurances and “technical issues” cited by the builders—including delays in transferring land abstracts—the complainants sought a full refund in June 2019. When the firms failed to process the refund, the couple approached the Consumer Commission in 2021.
The bench, comprising Pradeep G. Kadu and Gauri M. Kapse, held the developers guilty of unfair trade practices. The Commission observed that the builders had failed to register the agreement within a reasonable period and were unable to provide any valid justification for withholding the refund.
Adv Anil Dsouza appearing on behalf of the complainants .
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