In spite of notices being sent to the builder, and attempts made on Phone to contact this builder, MahaRERA couldn’t. Finally the authority passed an order in favour of homebuyers.
By Varun Singh
Yes, heard it right, even MahaRERA, couldn’t contact a builder. This after the authority sent the developer notices, and made several attempt to contact the builder over phone.
Two homebuyers, Santosh Shukla and Bhushan Trivedi, approached MahaRERA against builder Sheltrex Karjat Pvt Ltd.
The homebuyers were seeking refund of the amount paid to the builder because of delay in possession.
The builder failed to appear before MahaRERA in spite of notices on September 10 and September 29.
Even after several attempts were made by the authority to contact the builder on phone they couldn’t be reached.
Finally the complainants decided to proceed ex-parte against the builder.
Shukla had paid Rs 7.50 lakh and Trivedi had paid Rs 9.91 lakh to the builder for their homes.
The builder had failed to handover the flats within 36 months from the commencement of construction.
Records show that the builder commenced construction in April 2015, thus possession date was April 2018.
B D Kapadnis, Member II, MahaRERA noted that, section 18 of RERA empowers allottees to withdraw from project, when builder fails to handover possession on agreed dates.
Thus the homebuyers are justified in claiming refund of their amount with interest.
The builder was ordered to refund Rs 7.50 lakh to Shukla with an interest of 9% per annum from date of receipt of the payment till refund.
Similarly the builder was ordered to refund Rs 9.91 lakh with 9% interest per annum to Trivedi.
The builder was also asked by MahaRERA to pay Rs 10,000 to each homebuyer towards cost of their complaints.
“The charge the amount shall be on the booked flats, till the satisfaction of the complainants’ claim.”
B D Kapadnis, Member II, MahaRERA.
The complainants on satisfaction of their claims shall execute the deed of cancellation of their agreements of sale. The builder has been asked to bear the cost.
