Pattathu brothers booked for not handing over amenities to Mumbai society

A housing society may receive possession of flats while still waiting for control of the facilities that were used to sell those homes. A reported case involving allegations of delayed handover of common amenities in Mumbai brings this problem into sharp focus.

For a buyer, a clubhouse, garden, gym, parking area, lobby or recreation space is not merely a brochure promise. It forms part of the living environment and may also influence the price paid for the home and the maintenance charges paid after possession.

The important distinction is between access and control. Residents may be allowed to use an amenity, but the society should also know who owns it, who holds the keys and records, who appoints vendors, who collects maintenance charges and whether the facility has been formally handed over. Without this clarity, a society can face disputes over upkeep, access, accounts and future repairs.

Before taking possession, buyers should preserve the agreement for sale, sanctioned plans, list of promised amenities, correspondence on handover and details of the society’s formation. Once the society is active, its managing committee should seek a documented inventory of common facilities, keys, vendor agreements, utility records and maintenance accounts.

The case is a reminder that possession of a flat is only one part of ownership. A complete handover includes the shared spaces that make a residential community function.

Key takeaway: Buyers should verify not only whether amenities exist, but whether the society has formal control over them.

Sandeep's take: This case is a reminder for buyers to ensure that the conveyance deed and handover of all common areas are completed before taking possession. MahaRERA has been proactive, but enforcement remains a challenge. Builders who drag their feet on such obligations risk not just civil penalties but criminal liability, as seen here.