Homebuyer purchased a house in 2009 and even paid substantial amount to the builder. However, only after he approached MahaRERA that in 2020 will the agreement of sale get registered.
By Varun Singh
How long can you wait for the agreement to be registered of a flat you purchased in 2009?
This homebuyer had to wait till 2020. Heard it right homebuyer Sanju Singh purchased a flat in DB Ozone, Mira Road in the year 2009.
The homebuyer was issued an allotment letter dated October 7, 2009 by Neelkamal Realtors Suburban Pvt Ltd.
The home buyer approached MahaRERA seeking directions to the builder to execute the registered agreement for sale.
The homebuyer complained that in year 2009 he booked the flat for a total consideration of Rs 34.68 lakh post which he was issued an allotment letter.
The homebuyer argues that though he had paid substantial amount, ti he developer hadn’t registered the agreement for sale with him.
He further claimed that the builder was asking him to pay additional money towards high infra cost which was not mentioned in the allotment letter.
The builder informed MahaRERA that he was ready and willing to help secure the agreement or sale with the homebuyer.
The builder states that he had sent several reminders to the complainant for execution of agreement but he failed and neglected the same.
The builder in regards to the increase in cost the builder mentioned clauses of the allotment letter that stated that the complainant agreed to pay any other incidental charges, taxes, or service and VAT as may be applicable now or in future.
The developed claimed that due to substantial rise in process of construction raw material in the year 2014-15, it has increased the construction cost.
The builder also noticed to MahaRERA that in an earlier order the authority had directed that the builder would be entitled to recover the outstanding dues including the development and infrastructure charges from complainant.
Dr Vijay Satbir Singh, Member 1, MahaRERA considered the homebuyer as an allottee in the project, who has purchased the flat and paid substantial amount which is more than 10% of the total cost of the flat.
“However, till date the registered agreement for sale has not been executed, nor possession has been given since last 10 years,” noted Singh in his order dated November 26, 2020.
Singh in his order further stated that the builder has not disputed the payment made by the homebuyer and is willing to execute the agreement for sale subject to payment of outstanding dues as per the allotment letter.
MahaRERA finally directed the developers to execute the registered agreement for sale with teh homebuyer within 30 days period.
MahaRERA while disposing the case, also directed that the developer shall be entitled to recover the outstanding dues, including the development and infrastructure charges in accordance with the allotment letter.