Irate homebuyers take DB Realty to court

A group of homebuyers have approached the state consumer forum seeking action against DB Realty over an almost four-year delay in handing over possession of around 3,500 houses that comprise its ‘DB Ozone’ project in Dahisar.

The homebuyers claim the developer, which promised them possession of the flats in 2012, had failed to deliver in spite of extending the deadline several times.

Speaking about his ordeal, a homebuyer, Navin Mishra, said, “I booked a 2-BHK flat way back in 2009 and subsequently signed an agreement in 2010. While signing the agreement, they (DB Realty) mentioned it would be mine by 2014, which I considered was an extension of two years. The developer failed to give possession by 2014 too. I was then asked to wait till 2015. Later, the developer claimed it would give possession by mid-2016 and now 2017.”

Mr Mishra added, “DB Realty has been dragging the matter, and we gradually formed a group of distressed buyers. Now, we have decided to challenge the developer in the consumer court. I sold my 1-BHK flat to buy a 2-BHK one in 2009 and I have been staying on rent since then. I want them to pay my rent, as it is not my fault. I also want the firm to compensate buyers for its mental and physical harassment.”

The 16-acre project site, where 25 buildings will be built, is located near the Dahisar toll plaza and it falls under the jurisdiction of both the Brihanmumbai Municipal Corporation (BMC) and the Mira-Bhayandar Municipal Corporation (MBMC). It is a preferred area for buyers who are congnisant of its connectivity to both Thane and Mumbai. The 1- and 2-BHK flats were sold at prices as low as `2,500 per square foot back in 2008 and 2009.

Sharing his experience, another irate homebuyer, Bhavesh Panchal, said, “Initially, the developer extended the deadline from December 2012 to December 2014, and later to December 2015. After failing to meet all these deadlines, now it claims it will give us possession of the flats by January 2017, of which we are doubtful, as there is a lot of internal work that is yet to be carried out.”

This newspaper had reported, in May 2016, that DB Realty, which is one of Mumbai’s biggest real estate developers, was offering potential homebuyers helicopter tours to oversee the progress of their premium South Mumbai-based projects.

Meanwhile, an email query sent to the company on Tuesday went unanswered. A spokesperson for the company said they would not like to comment on the matter. Experts blame state government Legal experts have claimed that despite the Centre adopting the Real Estate (Regulation and Development) Act 2016, which seeks to regulate the real estate sector, delays on the part of the Maharashtra government in framing its own set of guidelines is helping the developers. “The failure is not only the developers’ but also the state government’s. The primary investigators are the police officers, and they themselves fail to make watertight cases when complaints of developers cheating buyers come to them,” said advocate Vinod Sampat.