Maharashtra Consumer Commission Orders Handover of Delayed Flats in Omkar Alta Monte Project
The Maharashtra State Consumer Disputes Redressal Commission has ruled against real estate developers ERA Realtors Pvt. Ltd. and Omkar Realtors & Developers Pvt. Ltd., ordering them to hand over possession of delayed flats and pay compensation.
Real EstateConsumer DisputesOmkar Alta MonteDelayed PossessionCompensationReal Estate MumbaiSep 16, 2025
The complainants, represented by Adv. Sulaiman Bhimani and Adv. Sharon of The Law Suits, filed two separate cases. The first case was filed by Ashok Vaghji Vaviya, Kanji Vagha Vaviya, and another by Rahul Kanji Vaviya, who booked two flats on the 15th floor for a total agreed consideration amount of Rs 1.73 crore. Out of this, the complainants paid Rs 1.7 crore, through a combination of self-funding and home loan facilities. The agreement was dated March 26, 2018, and possession was promised by June 2019.
Another flat was booked on the 24th floor of Wing B in the project. The agreed price for this unit was also Rs 1.73 crore, with over Rs 1.10 crore already paid through self-funding and bank loans. The agreement, signed in March 2018, promised possession by June 2019.
The complainants alleged that despite repeated follow-ups and legal notices, possession and the occupancy certificate were not delivered. They further accused the developers of misrepresentation, arbitrary revision of timelines on the MahaRERA website, and unsafe construction practices.
In response, the developers argued that possession was contractually extended to June 2020 with a one-year grace period. They claimed that delays were due to force majeure factors, including COVID-19 disruptions, environmental clearance issues, and litigation. Additionally, they contended that several buyers, including the complainants, had defaulted on payments.
After examining the documents, evidence, and arguments, the Commission directed the developers to hand over possession of the flats along with an occupancy certificate and promised amenities. The Commission also ordered the developers to jointly pay 8% annual interest on the amount paid from the promised date of possession until the flats are delivered. Furthermore, they were ordered to pay Rs 1 lakh as compensation and Rs 25,000 towards litigation costs.
This ruling highlights the importance of transparency and accountability in the real estate sector, especially in ensuring that buyers receive their promised properties on time and in the agreed condition. It also underscores the role of consumer protection bodies in safeguarding the rights of homebuyers and maintaining fair trade practices.
Frequently Asked Questions
What is the Omkar Alta Monte project?
Omkar Alta Monte is a real estate project located in Malad (East), Mumbai, developed by ERA Realtors Pvt. Ltd. and Omkar Realtors & Developers Pvt. Ltd.
Who filed the complaint against the developers?
The complaint was filed by Ashok Vaghji Vaviya, Kanji Vagha Vaviya, and Rahul Kanji Vaviya, represented by Adv. Sulaiman Bhimani and Adv. Sharon of The Law Suits.
What were the main allegations against the developers?
The main allegations included delayed possession, misrepresentation, arbitrary revision of timelines, and unsafe construction practices.
What did the developers claim in their defense?
The developers claimed that possession was extended to June 2020 due to force majeure factors, including COVID-19 disruptions, environmental clearance issues, and litigation. They also stated that some buyers had defaulted on payments.
What was the Commission's order?
The Commission ordered the developers to hand over possession of the flats along with an occupancy certificate and promised amenities. They were also directed to pay 8% annual interest on the amount paid, Rs 1 lakh as compensation, and Rs 25,000 towards litigation costs.
Related News Articles
Pune's PCNTDA Residents to Get Freehold Status, Promises Maharashtra Minister Uday Samant
Maharashtra Minister Uday Samant has assured PCNTDA residents that a decision will be made on freehold status without causing financial loss to the state government.
Veriff Boosts Biometric Security to Combat Account Takeover Fraud
Biometric authentication, account takeover fraud, identity verification, facial recognition, fraud prevention
Inside Mumbai's Luxurious Abodes: A Glimpse into the Homes of India's Elite
Mumbai, often dubbed the 'Billionaire Capital of Asia,' boasts a real estate landscape that mirrors its status as India's commercial and financial hub. From opulent mansions to sleek high-rises, the city is home to some of the most stunning and expensive
Kapil Sharma: From Rs 500 Salary to Rs 300 Crore Net Worth
Kapil Sharma, the king of Indian comedy, has come a long way from his humble beginnings. Today, he owns luxurious properties and cars, and his net worth is estimated at Rs 300 crore. Explore his inspiring journey from rags to riches.
Mumbai and Delhi Emerge as Leading Luxury Real Estate Markets in Asia-Pacific
India's real estate sector is witnessing a significant boom, driven by robust economic growth, infrastructure improvements, and changing lifestyle trends. Mumbai and Delhi, in particular, are ranking among the fastest-growing luxury real estate markets in
Important Steps to Ensure Your Apartment is Free from Legal Issues Before Purchase
MahaRERA has recently directed a real estate developer near Mumbai to disclose details about any pending litigation to the public. This highlights the importance of checking for legal issues before buying an apartment.