Mumbai, Oct 27 A consumer court here has directed a builder to refund Rs 45.45 lakh along with interest to a buyer, holding that a homebuyer cannot wait indefinitely for the possession of a flat.
In a ruling delivered earlier this month, the Additional District Consumer Disputes Redressal Commission (Mumbai Suburban) held Soundlines Eco Homes and its partners guilty of 'deficiency in service'.
The builder firm could not explain the delay, and the buyer was entitled to withdraw from the transaction and seek a refund, the commission said.
The commission directed Soundlines Eco Homes and its partners to refund Rs 45,45,268 with 9 per cent annual interest calculated from the promised possession date of December 31, 2016.
It also ordered them to pay Rs 50,000 as compensation for mental agony and harassment, and Rs 25,000 as litigation costs within 45 days.
The commission, however, rejected the complainant's plea for reimbursement of Rs 5.23 lakh paid towards interest on his housing loan.
Relying on a 2025 Supreme Court ruling in 'Greater Mohali Area Development Authority (GMADA) vs Anupam Garg', the commission noted that the complainant had independently availed of the loan.
According to the complainant, a Mulund resident, he booked a flat in 'Sound Delight' residential project at Aashte village near Panvel for Rs 50.52 lakh in August 2015. The builder promised to hand over possession by December 31, 2016.
While the complainant paid Rs 45.45 lakh along with stamp duty and registration charges, the builder repeatedly extended the possession deadline, with the MahaRERA website eventually showing an extension up to September 2026.
The complainant also alleged that the builder demanded payment without furnishing an architect's certificate establishing the actual stage of construction, prevented him from inspecting the site, and scrapped several promised amenities including a clubhouse and an amphitheatre.
As the builder firm and its partners failed to appear before the commission, the order was passed ex-parte, in their absence.
