Manyata, Mantri ordered to refund couple

Manyata, Mantri ordered to refund couple

The couple won the case against the two firm.

A consumer court put a check on an “unfair” practice by realty majors Manyata Realty and Mantri Technology Constellation Pvt Ltd, which levied a penalty of about Rs 11 lakh on a couple who had booked an apartment but failed to pay the entire amount on time.

The couple won the case against the two firms which had deducted 10% of total sale consideration from their 25% initial payment and terminated the sale agreement. 

The Bangalore Urban IInd Additional District Consumer Disputes Redressal Forum observed that the complainants have proved deficiency in service and directed the firms to refund the entire amount after deducting 10% from the Rs 2-lakh token advance paid to them.

Vivek Sharma (43) and wife Deepthi, residents of Rankanagar, had decided to purchase an apartment in Mantri Manyata Lithos at Rachenahalli, developed by the two companies. They booked the 1,920-sqft apartment at Rs 5,890 per sqft for a sale consideration of Rs 1.13 crore.

The couple paid Rs 2 lakh as token advance in February 2014 and later paid Rs 27.44 lakh in instalments till June 2014. During this period, it was promised to them that the building would be ready by the end of July 2017.

Later, they received a letter seeking payment of another 25% in two instalments. However, the house loan got delayed and the couple were asked to pay the instalment with 18% per annum interest, to which they agreed. The couple paid the instalment with interest nearly a year later.

Nine days after payment, they came to know the builders were negotiating to sell the flat at a higher rate. They issued a letter terminating the agreement, and told them to pay the entire amount on September 15, 2015, if they wanted to review the agreement. Since the building was not completed, the banks refused to pay in full.

The builders said they would refund after deducting 10% of total cost, if the flat is sold to a new customer. After four months, the couple received a cheque of Rs 17.91 lakh against their payment of Rs 29.44 lakh. Rs 11.53 lakh was deducted as penalty.

Manyata Realty did not appear before the forum. Mantri Technology Constellation submitted that the couple did not make payment on time, and hence the contract was terminated. The forum noted that it was unfair to deduct 10% of total cost. Instead, the firms were directed to deduct 10% of advance amount of Rs 2 lakh (Rs 20,000).