What happens to a homebuyer if the builder is terminated by the authority under whom the project is. A similar case popped up, when a homebuyer approached MahaRERA for help, and found out that the builder was terminated by SRA.
By Varun Singh
In an interesting case, a homebuyer recently approached MahaRERA, seeking relief.
The relief was sought by homebuyer Shilpa More against builder Ashok Gupta
The homebuyer claimed that builder should refund her money with interest and compensation for failing to execute agreement and handing over the possession of the flat that she had booked.
More via a reservation letter had booked an apartment in the builder’s Ganeshwadi CHS-SRA, at Ghatkopar, she even had paid some money tot he builder.
Also Read: Builder cancels booking, MahaRERA orders refund
The builder meanwhile, informed MahaERA that the SRA has terminated him as the promoter of the project. He also claimed to have filed an appeal against the termination.
Gautam Chaterjee, Chairman, MahaRERA in his order noted, that the right of complainant as allottee in the project shall continue to be protected even after change of promoters.
Chaterjee aslo restrained the builder from creating any new allottee in the project till further orders.
He even advised the complainant homebuyer to become an intervener in the current pending litigation before SRA, or any other forum or Court.
The homebuyer’s right in the project was protected under section 15 of RER Act. This section talks about obligation of builder in case of transfer of a real estate project to a third party.
