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RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Kishor V. Patil – Appellant
Versus
Marvel Zeta Developers Pvt. Ltd. – Respondent
ORDER
Heard Mr. Siddharth Yadav, Senior Advocate assisted by Mr. Prashant R. Dahat, Advocate, for the complainants and Mr. Malak Bhatt, Advocate, for the opposite parties.
2. Kishor V. Patil and Balbhim D. More have filed above complaint, for directing the opposite parties to (i) handover peaceful possession of the flats to them; (ii) reimburse the amount charged for the piece of the land which is fraudulently transferred to Pune Municipal Corporation for construction of 20 meter wide road; (iii) pay compensation of Rs.25/- lacs, for not providing external amenities as promised by the opposite parties; (iv) pay interest @18% p.a., on the total amount deposited by them, as delay compensation; (v) pay Rs.50/- lacs, as compensation for harassment and mental agony; (vi) pay Rs.15/- lacs as litigation cost; (vii) pay compensation as per clause 14 of the agreement; and (viii) any other relief, which is deemed fit and proper in the facts of the case.
3. The complainants stated that the opposite parties launched a group housing project in the name of “Marvel Piazza” on Survey No.226, at Viman Nagar, Village Lohegaon, Taluka Haveli, District Pune, for which they obtained sanction from the o
Extension of Period – For unauthorised construction raised by the complainants and due to spread of pandemic Covid-19 in the country and consequent lockdown by the government from 22.03.2020, the opp....
Delay in handing over possession of residential flats attracts compensatory interest as per the agreement terms.
The court determined that delayed compensation is owed at 6% per annum in cases of non-compliance with delivery timelines dictated by agreements.
Builders must not impose unfair charges or conditions that undermine consumer rights, ensuring timely possession and compliance with agreements.
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
Contractual clauses that impose unfair obligations are unenforceable, and unreasonable delays in property possession warrant compensation.
Holding Charges – If an allottee fails to take possession, when offered by the company, the allotee shall be liable to pay holding charges.
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