Mumbai Consumer Commission orders ₹10 lakh refund to buyer for delayed possession of row house in Bhayander | Representative Image
Mumbai: The Additional District Consumer Disputes Redressal Commission of Suburban Mumbai has directed VLifespaces and Infra Developers Pvt. Ltd. to refund Rs 10 lakh to a consumer, along with 9% interest from 2017, after the developer failed to hand over possession of a booked row house in Bhayander.
The commission also directed the developer to pay an additional Rs 3 lakh as compensation for mental harassment and Rs 20,000 towards litigation and personal expenses.
The case dates back to July 2017, when Kurla-based resident Manohar Bairu approached the Dahisar-based developer to book a row house in its Bhayander project. Manohar paid a token amount of Rs 10 lakh, which was acknowledged by the developer through a promissory note assuring possession of the house by June 2018.
However, even after waiting until June 2018, Manohar did not receive possession. Another year passed without any progress, prompting Manohar to issue a legal notice and file a complaint against the developer at the Saki Naka Police Station in 2020. He also approached the consumer commission for relief.
Advocate Mithil Sampat, representing Manohar since the beginning, said, “Some builders abuse their bargaining position. They take money from innocent purchasers without honoring their obligations. Such builders must be held accountable and must think twice before duping the public.”
Despite being summoned, the developer failed to respond to the commission’s notice. As a result, the case was decided ex-parte.
The commission observed that the developer had neither handed over possession of the promised house nor returned the amount paid. Additionally, the complainant was forced to incur extra expenses by living in a separate residence due to the delay, which the commission deemed as a failure in providing proper service.
Reacting to the order, Manohar said, “The builder harassed me a lot, and I have suffered greatly. This is my hard-earned money. I am grateful that the court has recognised my suffering.”
