MUMBAI: The Maharashtra Real Estate Regulatory Authority (MahaRera) has ordered a builder to compensate an Oshiwara flat buyer with Rs 5 lakh, in light of the mental distress endured by the owner, who was promised possession in 2016. This decision comes in addition to previously directed interest payments.
The complainant, Mohammed Sayyed Noorul Hassan, who has been dealing with chronic health issues, highlighted the costs he has incurred due to ongoing house rentals over the years.
Hassan, represented by advocate Godfrey Pimenta, purchased a flat for Rs 41.7 lakh in the Gaurav Legend project at Oshiwara, Andheri West, in 2013, paying Rs 34.7 lakh upfront. The developer, Monarch and Querish Builders, failed to deliver the flat by the promised date of May 2016, prompting Hassan to approach MahaRera.
MahaRera chairman Manoj Saunik, in a ruling earlier this March, noted that Hassan had opted to remain at the project and sought possession along with interest and compensation. Consequently, Saunik mandated the builder to pay interest from June 1, 2016, until the flat’s handover. He also informed Hassan that he could approach the MahaRera adjudicating officer for a determination of further compensation.
Hassan subsequently filed for compensation, citing expenses related to his health condition and mental distress stemming from the delayed possession of his flat. He emphasized the need to rent another property due to the ongoing delay.
In their defense, the developer contended that the March order already included compensation with interest and argued that Hassan had not experienced significant hardship, claiming his health issues were unrelated to the delay.
On October 1, MahaRera adjudicating officer Ashok Alaspurkar countered the developer’s claims, stating that the denial of possession and enjoyment of the flat constituted hardship. Even if the complainant’s ailment wasn’t directly linked to the delay, Alaspurkar highlighted that such a situation could still lead to “mental agonies” for someone already suffering from health issues. After weighing these factors, he concluded that a compensation amount of Rs 5 lakh was appropriate, given the circumstances of Hassan’s suffering.
