The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed multiple complaints filed by homebuyers against Evalia Projects and Development Pvt. Ltd. and its associates, ruling that contracts signed before the implementation of the Real Estate (Regulation and Development) Act, 2016 (RERA) cannot be overridden by its provisions. However, the authority granted relief to one homebuyer whose complaint was backed by a registered agreement for sale.
Why MahaRERA Dismissed the Complaints:
- The dismissed complaints were based on pre-RERA contracts, specifically Letters of Intent (LOI), which included clauses for arbitration and predefined exit procedures.
- MahaRERA ruled that homebuyers had voluntarily agreed to these terms before RERA came into force, and therefore, their claims could not be considered under the Act.
- The authority emphasized that it cannot rewrite the terms of contracts signed before RERA’s enactment, upholding the validity of pre-RERA dispute resolution mechanisms.
Relief Granted to One Homebuyer for Delayed Possession:
One homebuyer (Complainant No. 5) had a registered agreement for sale dated January 10, 2020, with a promised possession date of March 31, 2020. Since the developer failed to deliver possession and has not obtained an Occupancy Certificate (OC), MahaRERA ruled that the complainant is entitled to interest compensation from April 1, 2020, until actual handover with OC.
Project Lapses and Developer’s Obligations:
- The VIDA BLDG B-1 project’s registration lapsed on September 30, 2020, and the developer has not taken steps for renewal.
- MahaRERA directed the developer to seek an extension within 30 days or face penalties under Section 63 of RERA.
Implications for Homebuyers:
This ruling highlights the limitations of RERA for homebuyers with pre-RERA contracts and underscores the importance of having a registered sale agreement to claim relief under the Act. It also reinforces that developers are liable for delays and must compensate buyers when possession is not delivered on time.
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