In a significant development for the residents of Mantri Residency, the National Consumer Disputes Redressal Commission (NCDRC) has mandated Mantri Developers to refund a total of INR 7,12,86,650 (seven crore twelve lakhs eighty-six thousand and six hundred fifty / Seventy-one million two hundred eighty-six thousand six hundred fifty) to Mantri Residency Apartment Owners Welfare Association (MRAOWA). The order comes in the aftermath of a complaint by Shivakumar Krishnamurthy, a resident of Mantri Residency on behalf of homebuyers about the non-return of lumpsum refundable maintenance deposits collected during the purchase of flats.
The issue was highlighted when the maintenance agency handed over the facilities to MRAOWA without transferring the refundable maintenance deposits. This led to an official complaint which was lodged before Hon'ble NCDRC in Consumer Case No. 163/2020 against Mantri Developers and others, seeking justice for the affected homebuyers.
On January 31, 2022, the NCDRC ruled in favor of the homebuyers, ordered Mantri Developers to refund the maintenance deposits amounting to Rs.23,000 to Rs.56,000 within six months and give a delay compensation of 6 percent from September 1, 2017.
The MRAOWA filed Execution Application No. 197/2022 before the Hon'ble NCDRC, Delhi, seeking to recover the specified amount. However, due to years of inactivity, the Commission recently issued non-bailable warrants against Sushil Mantri and bailable warrants against Prateek and Snehal Mantri.
Following this, a writ petition (No. 23791/2024) was filed before the Division Bench of the Hon'ble Karnataka High Court, challenging the NCDRC's order. Senior Advocate Shyam Sundar represented Prateek and Snehal Mantri in the proceedings.
However, in a recent court hearing on September 23, 2024, Sushil Mantri, representing Mantri Developers, appeared before the NCDRC and confirmed that the company is ready to refund the principal amount to the homebuyers. It is noteworthy that Snehal Mantri and Pratik Mantri did not appear before the NCDRC despite being directed to do so by the Hon’ble High Court of Karnataka in Writ Petition No. 23791/2024 dated 10.09.2024. NCDRC had also sanctioned bailable warrants for Snehal Mantri and Pratik Mantri, but in the recent hearing High Court of Karnataka has stayed the warrant, preventing any arrest for the time being.
Advocate Anirudh Suresh was a key player in the MRAOWA’s representation before the Hon’ble High Court of Karnataka. His hard work proved very beneficial for the homebuyers by making sure that their issues were not ignored in all the court processes.
This judgment is a watershed moment for the residents of Mantri Residency as it provides all citizens the need for accountability in the real estate sector and further strengthens the resolve of MRAOWA members to protect the interests of the Association.
