Buyer takes developer to court over delayed flat

A distressed flat buyer of Ekta Greenville, a multi-wing residential project in Nashik, filed a case in a consumer court against Mumbai-based developer Ashok Mohanani of Ekta World for delaying possession in his project for more than two years, compelling the buyer to reside in a rented apartment. However, Vivek Mohanani, the joint managing director of Ekta World, said possession has been given to 250 families and the delays are because of certain labour issues.

The buyer has filed the case against the developer at Nashik district consumer court seeking monetary compensation for the delay in possession, saying it amounts to mental and physical harassment. The buyer also sought compensation for the rent he had to pay due to the delay on part of the developer in giving possession.

Prasad Joshi, the buyer, had booked a 2-BHK apartment in Nashik back in October 2011. “I had booked the 2-BHK apartment in 2011 and was promised possession in April 2014, and the same is also reflected in the agreement signed between me and the developer in 2013.”

Mr Joshi further said, “The total cost of the 2-BHK is Rs 25 lakh approximately, according to the booking time in 2011. I have also paid around 90 per cent of the total cost of the apartment, but have still not got possession. Several attempts to contact the developer did not yield any satisfactory reply. I was compelled to make my family stay in a rented apartment. It turned into mental torture for me to follow up with the developer as I myself work in Tamil Nadu and have my family in Nashik.”

Earlier, this newspaper had reported in July about buyers’ gripe over Ekta World’s project in Virar and Nashik, alleging that the possession has been delayed by three years. They also claimed that an agreement, which they were made to sign, was completely exploitative.

Mr Joshi, further said, “In my plea, I have also mentioned that the developer gave me threats on sending a legal notice in April 2016.”

Meanwhile, Mr Mohanani said, “Our company has always ensured transparency to its customers on the execution of the projects. We have given possession to more than 250 families along with occupation certificates. This project has more than 50 families that are already residing (in their flats) and enjoying their lives. The company has delivered a colossal number of projects over the years and the customers have always been consistently informed on the execution and delivery at each stage. While there have been certain hindrances of labour unrest and shortage of sand that has led to the slight delay, we have ensured that we periodically communicate the message to our clients with regard to construction milestones achieved. Our constant endeavour has been to meet our timelines and let the customers know in case of any hindrances. Our customer’s needs and feedback are of paramount importance to us. The company has ensured that the customers’ interests have always been safeguarded and has always ensured an open channel of communication.”