The Maharashtra State Consumer Disputes Redressal Commission has ordered a complete refund of ₹53,41,595 plus 12% interest to a buyer who purchased a flat without receiving proper legal documentation. According to reports from Business Standard, the case involved Versatile Developers and buyer Wasnikar, who purchased flat No. 1906, D-Wing, 19th floor, with a carpet area of 55.76 sq metres for ₹54,50,000 total consideration.
The parties executed the agreement for sale on January 4, 2020, with possession stipulated by November 30, 2020. However, as reported by Business Standard, the project was not completed and neither the completion certificate nor occupancy certificate was obtained from the competent authority. The developer offered possession through a proforma possession letter dated June 11, 2023, sent via WhatsApp, which Wasnikar refused to accept as it is illegal to do so without an occupancy certificate.
According to the commission order, Wasnikar had paid ₹53,41,595 in instalments as demanded, with only the balance 2% amounting to ₹1,08,405 payable at legal possession. As reported by Business Standard, he had to continue residing elsewhere on a leave-and-licence basis, paying a monthly licence fee of ₹23,100. Additionally, he was liable for equated monthly instalments (EMIs) for the loan from HDFC Bank and had already paid about ₹20 lakh for the period after the promised possession date.
The State Commission, presided over by Poonam Maharshi and Dr Nisha Chavan, observed that there is a statutory obligation requiring builders to obtain completion and occupancy certificates, and failure to do so constitutes deficiency in service. As reported by Business Standard, the commission indicted the builder for engaging in unfair trade practice and ordered the developer to refund the entire amount of ₹53,41,595 paid for the flat, along with 12% interest. The commission also awarded ₹2 lakh towards compensation and ₹25,000 as litigation expenses, giving two months for compliance with interest rising to 15% for delay periods.
