Supreme Court directs Mantri developers to offer delayed house possessions in Bengaluru

By Vinaykumar Patil | First Published Nov 17, 2023, 2:54 PM IST

Supreme Court directs Mantri Castles Pvt Ltd to transfer Mantri Serenity homes to buyers within a week, addressing grievances of 48 families. Karnataka Real Estate Regulatory Authority empowers residents on common areas' control, while BBMP mandates car parking and buyers' associations for unregistered projects.

The Supreme Court has issued a directive to real estate developers, Mantri Castles Pvt Ltd (also known as Mantri Developers), to transfer ownership of houses in the Mantri Serenity Project, Bengaluru, to their respective buyers. Despite partial or full payment made by buyers, possession of the homes had not been handed over, prompting legal action from the aggrieved parties.

The court, hearing the case brought forth by 48 buyers, ordered the concerned properties to be transferred to the buyers within a week's time. The directive emphasized completion of these proceedings before the next scheduled hearing on February 14. Advocate Biswajit Bhattacharya represented the collective interests of the buyers in this case.

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These buyers had invested in plots ranging from Rs 75-95 lakhs post-2013, alleging that while the developers had allotted plots to others, they had not honoured their commitments to these 48 families.

Previously, when the buyers had approached the National Consumer Disputes Redressal Commission (NCDRC) with their grievances, the case was dismissed. Subsequently, seeking justice, they approached the Supreme Court for a resolution.

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In a separate but equally significant ruling, the Karnataka Real Estate Regulatory Authority (Kerera) emphasized that developers must relinquish control of common areas to residents once the residents' association or buyers' association is established. This ruling came in light of a case involving Signature Dwelling Private Limited, based on Section 18 of the Real Estate (Regulation and Development) Act, 2016. The judgment holds significance as it empowers homebuyers and curtails the authority of developers who typically retain control over common areas in apartments.

Moreover, the BBMP has instructed a builder to adhere to building bylaws and provide the complainant with an allocated car parking space. The authority has also directed the developer to establish a buyers' association, particularly for projects not registered under the Real Estate (Regulation and Development) Act. The suggestion includes the issuance of an Occupancy Certificate (OC) to facilitate this process.

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