Mumbai: Kurla Developer Ordered To Pay ₹3 Lakhs To Complainants For Mental Agony Due To Delayed Possession

The Mumbai Suburban Additional Consumer Dispute Redressal Commissionhas ordered Pramod Pisal, the proprietor of M/S Unity Land Consultancy, based in Kurla, to pay Rs 3 lakhs each to two of its complainant’s as compensation towards their mental agonies, which they were forced to undergo for failing to hand over the promised flat’s possession.

Apart from that the commission has directed the developer to return the booking amounts of  Rs 33 lakhs and Rs 16.41 lakhs, which the complainant’s had paid in 2016, along with 12 percent interest on the amounts.Also both the complainant’s were awarded with additional amount of Rs 20,000 towards the complainant’s litigation charges. 

The buyers, Avinash Hatale and Prashant Parab, both Prabhadevi resident’s had invested in a 2 BHK apartment in the developer’s Chembur project in 2016, with possession promised by December 2018. However, after waiting until 2023 without receiving possession, the buyers filed a complaint with the consumer commission.

Hatale had paid ₹33 lakh, and Parab had paid ₹16.41 lakh as part of the booking amount for the flat, which measured 1,020 sq ft and was priced at ₹89.25 lakh. According to the sales representative, a certain percentage had to be paid before registering the agreement, with the remaining amount to be paid in installments. Despite fulfilling their payment obligations, the buyers did not receive the flat by the promised date.

Frustrated by the delay, both complainants repeatedly demanded the return of their money but received no response from the developer. In 2023, they approached the Consumer Commission for redressal. The commission issued a notice to the developer, but he failed to respond.

The commission found Pramod Pisal guilty of providing deficient services and failing to hand over possession of the flat as agreed.