A builder recently knocked the doors of MahaRERA seeking the authority’s intervention to get balance payment from homebuyers. Normally we have seen homebuyers have sought direction from the authority against builders.
By Varun Singh
A Mumbai based builder recently approached MahaRERA against seven homebuyers in his project.
The builder Anis Khan had sold the apartments to these homebuyers in his project K K Residency located at Kurla.
The builder alleged that the homebuyers against whom he had approached MahaRERA hadn’t paid the balance payment to him in spite of several demand letters served to them.
The builder also claimed that he had received occupancy certificate for the flats of these homebuyers. He asked MahaRERA to direct the homebuyers to pay the balance amount along with interest.
Some of the homebuyers claimed that they hadn’t received the possession letter sent by the developer.
They further claimed that the developer had received part OC for the building. They also alleged that they have been following up with the developer for loan disbursement etc but he hasn’t acted upon it. Time was also given to the parties to settle the matter amicably.
The developer during course of the hearing informed MahaRERA that one of the homebuyer was ready to settle amicably. For the remaining the builder asked MahaRERA to direct them to make balance payment along with interest.
The builder also informed MahaRERA that one of the homebuyers was allotted a home via an allotment letter dated September 5, 2012. But the homebuyer never came forward to execute the agreement nor did he pay the balance amount. For this the developer asked that he be allowed to cancel the allotment.
Gautam Chaterjee, Chairman, MahaRERA, in his order asked the homebuyers to pay the balance money to the developer as per the terms and conditions of the agreement of sale.
If the homebuyers fail to make the payment, the builder may proceed to cancel the allotments in accordance with the provisions of section 11(5) of RERA.
In case of the allottee where the agreement for sale hasn’t been executed Chaterjee said that the cancellation shall be guided in accordance to the provisions of the allotment letter dated September 5, 2012.
Also Read: 10 Yrs After Purchase, Homebuyer To Get Agreement Registered
