The overall cost to comply with repair and rectification works sums up to over Rs 30 crore
The Bombay High Court has issued a warrant to attach Mumbai-based Sumer Builders's office and its various projects in the city.
On September 13, Chief Justice Manjula Chellur in an order observed that 12 properties of Sumer Builder should be attached by the Sheriff of Mumbai so that the real estate company complies to issues raised by Sumer Trinity Tower residents at Prabhadevi.
The residents had moved the court to get leakages in their apartments as well as other areas of the building fixed apart from rectifying elevators, completing lobby, recreation grounds, tennis court and construction of club house, among other building amenities. The overall cost to comply with repair and rectification works sums up to over Rs 30 crore.
Among other things, the developer is yet to complete the construction of rehabilitation component at its Prabhadevi project. As per the statutory construction terms, Sumer Builders has also been directed to hand over surplus area of around 2,215 square metre to Maharashtra Housing and Area Development Authority (Mhada).
Lalit Jain, counsel for the residents, told DNA Money that "a decree" has been issued by the court for attachment. However, Sumer Group's chief executive officer Rahul Shah claimed that it isn't a decree but a warrant issued by the court.
As per legal parlance, warrant is a document issued authorising to make arrest, search properties or attach properties, whereas a decree is a judgement by the court ordering enforcement of court's decision to be carried out.
Properties listed under the schedule of attachment includes Fort office of Sumer Builders, third building in Sumer Trinity Tower, four flats in second building of Sumer Trinity Tower, its projects of Sumer Princess (Dadar West), Sumer Bhurani Park (Mazgaon), Sumer Bay (Mazgaon), Sumer Tower (Byculla East), Sumer Park (Byculla East) and Sumer Saraswati (Gamdevi).
Responding to DNA Money's questionnaire over email, Shah termed that the society members' view is to "extort monetary gains and benefits", adding that, "They (Residents) have mislead the court and made false representations."
"Sumer has attended to and rectified all complaints including leakages from outer walls, bathrooms and ceiling of flats," other than those with respect to functioning and interiors of lifts, elevators, lift lobbies, recreational ground, construction of club house, etc. Claiming that the company has already spent around Rs 30 crore to comply with the consent terms, he refused to pay any further amount to the society.
"Sumer is in the process of adopting legal proceedings to raise the attachments. A claim of more than Rs 100 crore shall also be made against the society for causing loss of goodwill and reputation by levying attachment on the Prabhadevi property in spite of knowing that Sumer has complied with their obligations," Shah said.
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