Mumbai, September 22, 2026: The National Consumer Disputes Redressal Commission (NCDRC) has granted limited interim relief to Malad-based ERA Realtors Pvt Ltd and Omkar Realtors in appeals challenging orders of the Maharashtra State Consumer Disputes Redressal Commission concerning flats in the Alta Monte project.
The NCDRC has directed ERA Realtors to deposit the entire decretal amount, after adjusting any amount already deposited, with its Registry within four weeks. The Registry has been directed to keep the deposited amount in a fixed deposit with a nationalised bank.
The matter arises from the State Commission's July 29, 2025 order on complaints filed by homebuyers, including Vivek Saxena and others, against ERA Realtors and other parties.
The State Commission had directed the developers to execute the registered Agreement for Sale and hand over possession of the flats along with the Occupancy Certificate (OC) and promised amenities.
Interest And Compensation Awarded
In the Saxena matter, the State Commission, in October last year, had also directed the developers to pay 8 per cent annual interest on the amount of more than Rs 1.42 crore deposited by the homebuyer, from April 1, 2018, until actual possession. It had also awarded compensation and litigation costs.
The State Commission had held that the developers failed to hand over possession within a reasonable period and had found deficiency in service and unfair trade practice.
It noted that possession, which had initially been represented as due in March 2018, was subsequently extended, while the Agreement for Sale was not executed and possession was not handed over. Advocate Sulaiman Bhimani appeared for Saxena before the State Commission as well as the NCDRC.
Interim Protection Granted
While admitting the appeals filed by ERA Realtors and Omkar Realtors, the NCDRC has granted limited interim protection against execution of the possession-related directions.
However, the stay has been expressly limited to the next date of hearing. The commission has not set aside or finally stayed the State Commission's order, which remains under challenge before it.
The NCDRC's direction to deposit the entire decretal amount has been made a condition for the interim protection. ERA Realtors has been directed to deposit the amount within four weeks, after giving credit for any amount already deposited.
The complainants have been granted four weeks to file their replies to the appeals and the applications seeking condonation of delay. They have also been permitted to obtain complete paper books of the nine cases from the Registry.
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Next Hearing On October 29
The commission has indicated that the applications seeking condonation of delay would be considered first on the next date, October 29, followed by the main appeals, if considered necessary. Both sides have also been directed to file short written synopses at least two weeks before the hearing.
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