In a significant move to uphold homebuyer rights, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the developer of Suyog Nisarg Phase III to allocate car parking spaces to three homebuyers within 30 days. The order, dated March 6, 2025, was passed after the developer failed to appear during the hearing, leading to an ex-parte decision in favor of the complainants.
Homebuyers Demand Promised Parking Spaces
The dispute arose when three homebuyers — Nikhil Kumar, Vishwendra Jamwal, and Prashant Vithalrao Burghate — filed complaints against the developer, Suyog Nisarg JV, alleging non-allocation of the promised car parking spaces. The complainants argued that despite assurances from the developer, they had not been provided with the designated parking facilities, causing inconvenience and financial loss.
After reviewing the complaints and documents submitted by the homebuyers, MahaRERA ruled in their favor and issued a directive to the developer:
- Nikhil Kumar is entitled to a mechanized car parking space.
- Vishwendra Jamwal and Prashant Vithalrao Burghate are each entitled to covered car parking spaces.
- The developer is mandated to complete the allocation within 30 days from the date of the order.
Project Registration and Compliance Issues
In addition to parking space allocation, MahaRERA noted several compliance issues related to the project. The registration for Suyog Nisarg Phase III had lapsed on October 1, 2020, and the developer had failed to upload the Occupancy Certificate (OC) on the MahaRERA portal.
The authority has instructed the developer to take immediate steps to renew the project registration within 30 days. Should the developer fail to comply, MahaRERA warned of imposing penalties under Section 63 of the Real Estate (Regulation and Development) Act, 2016, which empowers the authority to levy fines for continued default.
Absence of Developer Leads to Ex-Parte Order
The developer’s absence during the scheduled hearing led to the ex-parte order being passed. MahaRERA emphasized that non-compliance with the order would attract stringent penalties, reinforcing the regulatory body’s commitment to protecting the rights of homebuyers and maintaining project accountability.
Upholding Homebuyer Rights
This ruling from MahaRERA underscores the authority’s continued efforts to ensure that developers adhere to their commitments, particularly concerning essential amenities such as car parking. With increasing complaints regarding unfulfilled promises in real estate projects, this decision serves as a strong reminder that developers must comply with regulatory requirements or face consequences.
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