The Supreme Court ordered promoters of Mantri Serenity Apartment to ensure that flats should not be sold to somebody else until further orders. It is alleged that the promoters terminated the agreement of a home buyer illegally. The home buyers entered the agreements with Mantri Castles Private Limited in 2013 with a commitment of possession in 2016.
However, the promoters of Mantri Serenity Apartment terminated the agreement on October 18, 2023 and the amount deposited by the appellant was refunded by depositing the same through RTGS mode into his account. It is submitted that appellant No. 24 had immediately sent an e-mail to the respondents protesting the said action of cancellation.
Meanwhile, the counsel representing the respondents (Mantri Castles Pvt Ltd now known as Castles Vista Pvt Ltd) submitted to the Supreme Court that the subject flat/apartment allocated to the appellant No. 24 is still available.
“The respondents are directed to maintain status quo with regard to the possession/allotment to a third party in respect of the subject flat/apartment, till further orders,’’ the Supreme Court said in an order dated April 30, 2024.
The Supreme Court said that Bishwajit Bhattacharyya, senior counsel has submitted that appellants (No. 39, 41, and 42) have not taken possession of the subject flats/apartments inasmuch as the Occupancy Certificate has not been made available so far. The Supreme Court also said the senior counsel stated that the allotment made in favour of the applicant No. 24 as illegally terminated by the respondent on October 18, 2023 and the amount deposited by the said appellant was refunded by depositing the same through RTGS mode into his account, even after an order was passed by this Court on November 7, 2023.
The Supreme Court has adjourned the hearing of the petition to July 23, 2024.
Welcoming the Supreme Court’s order directing the respondents to maintain the status quo, Karnataka Home Buyers Forum Sanchalak Dhananjaya Padmanabhachar has said that when the case is pending before the honourable Supreme Court, the promoters sending agreement termination notice to home buyers is like disrespecting the honorable court’s proceedings. “Recently in Karnataka, RERA authority passed an order pertaining to the Mantri Pinnacle project, that an agreement cannot be terminated when the matter is pending before the RERA Authority,’’ said Dhananjaya Padmanabhachar.
