SC orders Mantri Serenity promoters to maintain flat sale status quo

07 May 2024 CW Team

The Supreme Court issued an order directing the promoters of Mantri Serenity Apartment to ensure that flats were not sold to anyone else until further instructions. It was alleged that the promoters had unlawfully terminated the agreement of a home buyer. The home buyers had entered agreements with Mantri Castles 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 via RTGS mode into their account. It was stated that appellant No. 24 had immediately sent an email to the respondents protesting against the cancellation.

In the meantime, the counsel representing the respondents (formerly Mantri Castles, now known as Castles Vista) informed the Supreme Court that the subject flat/apartment allocated to appellant No. 24 was still available. The Supreme Court, in an order dated April 30, 2024, directed the respondents to maintain the status quo regarding possession/allotment to a third party in respect of the subject flat/apartment until further orders.

The Supreme Court mentioned that Bishwajit Bhattacharyya, senior counsel, had stated that appellants (No. 39, 41, and 42) had not taken possession of the subject flats/apartments as the Occupancy Certificate had not been provided yet. The Supreme Court also noted that the senior counsel had stated that the allotment made in favor of applicant No. 24 was unlawfully terminated by the respondent on October 18, 2023, and the amount deposited by the said appellant was refunded via RTGS mode into their account, despite an order passed by the Court on November 7, 2023.

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