Mumbai: State consumer commission tells developer to give buyer flat’s possession

Mumbai: State consumer commission tells developer to give buyer flat’s possession

The panel also asked the developer to sign the sale deed with him and give Rs3.25 lakh for mental harassment and litigation cost.

Ashutosh M ShuklaUpdated: Sunday, May 07, 2023, 10:27 PM IST
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The state consumer commission has directed a developer to provide a flat with all amenities as well as occupancy certificate to a buyer. The panel also asked the developer to sign the sale deed with him and give Rs3.25 lakh for mental harassment and litigation cost.

Possession of flat not given despite RERA orders

The order was passed after possession of the flat was not given despite orders from RERA. The opposite parties instead asked the buyer to give in writing that he does not have any grievance with the flat and will withdraw all complaints. The buyer had paid Rs1.05 crore for the flat.

The order dated March 15 (uploaded recently) was passed by Justice SP Tavade, president, and AZ Khwaja, judicial member, State Consumer Disputes Redressal Commission (SCDRC). It was passed on a complaint of Pravan Sawant against Mount Mary Builders, a promoter, and Thalia Investment, an investor in real estate.

Sawant bought a flat in ‘Green World’ in February 2021 for Rs1.05 crore. The builder assured him that they will execute the sale deed in his favour and clear title and possession of the flat. The project was completed in October 2018 and partial occupancy certificate granted by February 2019.

Sawant, however, did not get possession even after the occupation certificate was granted. The amenities were also not provided. He filed a complaint with MahaRERA against Mount Mary. A collective order was passed and an appeal before appellate tribunal was made but the opponents did not obey the orders of RERA. They asked Sawant to give in writing that he did not have any grievance against Mount Mary and that all cases against them will be withdrawn.

While some allottees surrendered their rights and took the possession, Sawant filed a consumer complaint as he was paying EMI to the tune of Rs76,087 without having possession of the flat. Notices were issued but opposite parties failed to appear and also did not file any written statement. An ex-parte order was issued against them.

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