SC admits possession of Flats by Mantri Group, but OCs are yet to be received

Bengaluru-based developer Mantri Castles Private Ltd told the supreme court in a recent hearing that it had offered possession to buyers of flats in its delayed Mantri Serenity project. But, according to the market report several apartments were yet to obtain occupancy certificates (OCs). However, as per  RERA rules and bylaws of the Bruhat Bengaluru Mahanagara Palike (BBMP), the city's municipal corporation, OCs are mandatory before possession may be offered.

The Senior Counsel Bishwajit Bhattacharyya, who is representing the homebuyers, has made the issue based on submissions, which Supreme Court (SC) took cognizance. Nearly, 48 homebuyers from the delayed project had approached the SC after the developer failed to offer possession between 2015 and 2019.  

The organization told the court on April 2nd, 2024, that letters of possession had been issued to all buyers, yet several had not taken possession of their flats. After this, the court ordered the homebuyers to visit the project on April 16 and take possession from the developer.

Report says, three of the homebuyers who visited the project were offered possession even though the flats did not have an OC.
One of the homebuyer said, “While towers 4 and 5 have partial OCs from the Bengaluru Development Authority (BDA), towers 1 and 3 do not have any OC. Thus, homebuyers could not take possession on April 16.

Another of them told, though SC ordered to handover but the developer cancelled his agreement without stating a proper reason. During the hearing of April 30, the developer told the SC that the flat was still available for possession.

Buyers had initially moved the National Consumer Disputes Redressal Commission (NCDRC) when the developer did not deliver their homes within the promised timeframe. The 48 buyers who had booked flats between 2013 and 2016 for Rs 75-95 lakh, approached the Supreme Court, according to the suggestion of NCDRC.

During November 2023, the SC passed an interim order directing the developer to hand over possession of the Mantri Serenity project to homebuyers.

The order of November 7 depicted, "Homebuyers have still not been given possession despite having paid about 100% of the amount. The court directs that the concerned flats/property/premises be handed over to the appellants within one week."