 "Bombay High Court")
Bombay High Court | Photo: Wikipedia
Alleging that the developers failed to provide 10 hours of free private jet flying time as outlined in their sale agreements, around 25 residents of the posh Trump Tower Mumbai have approached the Bombay High Court, according to a report by India Today.
At the centre of the dispute is the 75-storey ultra-luxurious residential building, developed by Macrotech Developers (previously known as Lodha Group). The building offers residents access to premium amenities, which include a 24/7 gym, high-end concierge services, and, reportedly, 10 hours of free private jet flying time.
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Court proceedings and developer’s response
In their petition, the residents demanded either 10 hours of free flying in a private jet, as promised, or a refund of Rs 40 lakh per resident. The petition argued that the developers had failed to deliver the agreed benefits.
Citing a petitioner, the report said that the agreement included the provision of 10 hours of free flying time. After gaining possession of their flats, residents sought these services from the developer. The petition outlined communication between the parties, starting with an email sent by the flat owners on December 1, 2022, requesting a refund.
In response, the developer informed residents on February 28, 2023, that they could use 10 hours of flying time with a company called Plexus Aviation. However, the offer required the residents to pay landing and waiting charges, which they claim were not disclosed in the original agreement.
Residents stand firm on their claims
On October 31, 2023, the residents reiterated that the agreement did not mention any additional costs for the flying time. Jhaveri emphasised that he had specifically asked the developer to reduce the cost of his flat if the flying hours were not included, but the request was refused. Now, they are demanding the promised benefits or compensation.
The residents’ legal counsel, Asif Lampwala and Chirag Sancheti, stated that they have filed the petition under Section 9 of the Arbitration Act. The petition seeks to compel the developer to provide the agreed jet services or deposit the equivalent compensation, India Today said. The residents are also preparing to invoke an arbitration clause. So far, 25 residents have joined the legal action, and the court has offered the developers a chance to settle.
On Wednesday, Justice Arif Doctor heard the case in the Bombay High Court, where Senior counsel Sharan Jagtiani, representing Macrotech Developers, told the court that the company would attempt to resolve the issue amicably.
First Published: Oct 11 2024 | 3:01 PM IST
