Flat not given in 9 yrs, MahaRera orders builder to pay 5 lakh for 'mental agony'

Mumbai: Taking into account the mental agony suffered by an Oshiwara flat buyer who was promised possession in 2016, Maharashtra Real Estate Regulatory Authority ( MahaRera ) has directed the builder to give him Rs 5 lakh as compensation , apart from the interest it was told to pay in an earlier order.

The complainant, Mohammed Sayyed Noorul Hassan, who suffered from chronic ailments, cited the house rents he has had to pay all these years.

Hassan, represented to advocate Godfrey Pimenta, had booked a Rs 41.7-lakh flat in Gaurav Legend project at Oshiwara, Andheri West, in 2013 and paid Rs 34.7 lakh. The promised date of possession was May 2016, but the developer, Monarch and Querish Builders, failed to hand over the flat. Subsequently, the homebuyer moved MahaRera.

MahaRera chairman Manoj Saunik, in an order this March, said the complainant had chosen to stay in the project and had sought possession, along with interest and compensation. Therefore, Saunik directed the developer to pay the interest for delayed possession from June 1, 2016, till the property's handover. He said the complainant was at liberty to approach the MahaRera adjudicating officer for determination and computation of compensation.

Accordingly, Hassan filed an application and sought compensation for expenses he had incurred due to a chronic health condition and mental harassment owing to delay in handover of the flat. He pointed out that he has had to take up a property on rent in the absence of possession of his flat.

In response, the developer pointed out that the March order already granted Hassan compensation with interest. It said the complainant had suffered no hardship and his health problem was not on account of the prolonged delay.

On Oct 1, MahaRera adjudicating officer Ashok Alaspurkar said depriving the complainant of the occupation and enjoyment of the flat and him being required to pay for the residential premises itself was hardship. Even if the ailment is not because of the prolonged delay in handing over of the flat, such default would cause "mental agonies" to the person who is suffering from such ailment, he said. All these factors are required to be taken into consideration for adjudicating on compensation, he said. Alaspurkar said, considering the circumstances and the complainant's suffering, a compensation of Rs 5 lakh would be just and appropriate.