Mumbai, September 29, 2023 – In a significant development for homebuyers, the Maharashtra State Consumer Disputes Redressal Commission (SCDRC) has ordered two prominent real estate developers, ERA Realtors Pvt Ltd and Omkar Realtors & Developers Pvt Ltd, to immediately hand over possession of flats in their Alta Monte project. The commission further directed the developers to pay compensation and interest to two Mumbai-based complainants, represented by the diligent efforts of Adv. Sulaiman Bhimani and Adv. Sharon Fernandez of the law firm “The Law Suits.”
This ruling, as highlighted in today’s Free Press Journal, marks a commendable step towards consumer protection in the real estate sector. The complainants, whose flats were supposed to be delivered six years ago, were awarded an 8% interest on the total amount paid by them from the date of default until actual possession. Additionally, the developers have been ordered to pay ₹1 lakh as compensation and ₹25,000 towards litigation costs.
Adv. Sulaiman Bhimani and Adv. Sharon Fernandez of “The Law Suits” expressed their satisfaction with the favourable orders, which bring much-needed relief to the aggrieved homebuyers. “It is a good order,” stated the advocates, acknowledging the commission’s recognition of the developers’ failures.
The cases involved were filed in 2021, with promised possession dates in March 2018 and March 2017 respectively. The developers were also found to be deficient in services and unfair trade practices for not offering an occupancy certificate six years post the agreed-upon delivery. The commission rejected the developers’ claims of “force majeure” events, including the COVID-19 pandemic and delays in environmental clearance, citing that these did not absolve them of their contractual obligations.
While the order is a victory for the complainants, offering a degree of financial redressal and the promise of their long-awaited homes, “The Law Suits” believes there was still scope to increase the compensation. The prolonged mental anguish and financial burden endured by the homebuyers over six years of waiting warrant a more substantial recompense.
This case underscores the critical need for robust legal representation for homebuyers facing developer delays and non-compliance. “The Law Suits” remains committed to fighting for the rights of consumers and will continue to advocate for stronger protections and higher compensation in such cases.
We are pleased that these favourable orders obtained for home buyers are published in the Free Press Journal, bringing crucial awareness to these issues.
For more insights and legal assistance, visit www.thelawsuits.in.
Published in public interest by:
Adv. Sulaiman Bhimani
Citizens Justice Forum | The Law Suits
413, Golden Chambers, Opp. Tanishq Showroom, Near Lower Oshiwara Metro Station, Andheri West, Mumbai – 400053
+91-8928372392 | adv.bhimani@gmail.com