States High court

Mumbai Homeowners Takes Action Against Developer Over Unfulfilled Free Flying Hours Promise

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The Lodha group in a statement said, “The private jet charter service has been available for several years now and many residents have used the same. Many others have approached us that they do not want to use the jet and hence, have asked us to give them a one-time compensation and those requests have also been accepted. A small group of residents (less than 10%) of Trump Tower Mumbai has raised this matter now and we will proceed as per law.”

During the court hearing, Justice Arif Doctor was informed by senior counsel Sharan Jagtiani that the developers would attempt to settle the matter amicably. The residents are demanding either 10 hours of free flying time without additional charges or a refund of ₹40 lakh each as compensation.

As per the residents, the agreement explicitly promised flying hours as part of the perks for flat owners. Milaan Jhaveri, one of the petitioners, stated that after taking possession of their apartments, residents pursued the developers about the free flying hours.

They communicated with Macrotech, and in a response dated February 28, 2023, the developers stated that the residents could access the flying hours through ‘Plexus Aviation’ but would need to cover landing and waiting charges.

Furthermore, Jhaveri emphasized that he paid a premium for his flat based on the advertised benefits, and he previously requested the removal of the free-flying hours from the agreement, but the developer insisted it was a standard clause.

The residents have filed a petition under Section 9 of the Arbitration Act, seeking the deposit of dues for the promised jet services and preparing to invoke the arbitration clause. The next hearing is set for October 11.

The developers, formerly known as the Lodha Group, built the 75-storey luxury residential tower.

Read More: Supreme Court, Delhi High Court, States High Court, International

Meera Verma

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