The Maharashtra Real Estate Regulatory Authority (MahaRERA) has reinstated a non-compliance case against Kavya Mira Realty, following a complaint by B.K. Finance Corporation Pvt. Ltd. regarding delayed possession of a property. The case, originally dismissed due to procedural issues, has now been restored and transferred to the Adjudicating Officer for further action.
Background of the Case
The case dates back to July 25, 2019, when the complainant filed a grievance under Section 18 of RERA, seeking compensation for the delay in possession of a property. MahaRERA issued a final order on December 14, 2021, instructing the developer to pay interest from February 1, 2015, until possession with an occupancy certificate was provided.
However, as the developer failed to comply, the complainant filed a non-compliance application on April 12, 2022, demanding enforcement of the order.
Dismissal and Restoration of the Case
On July 4, 2023, MahaRERA dismissed the non-compliance application, citing:
- The complainant had already filed a civil suit in the Thane district court and a cheque dishonor case under Section 138 of the Negotiable Instruments Act.
- The complainant failed to attend the scheduled hearing, leading to the assumption that they were not pursuing the case further.
However, the complainant later filed a restoration application, arguing that they were unaware of the hearing due to technical issues and had no deliberate intent to remain absent.
MahaRERA’s Latest Ruling
During a virtual hearing on November 28, 2024, MahaRERA observed that:
- The respondent (Kavya Mira Realty) failed to appear for three consecutive hearings, leading to an ex-parte decision.
- The complainant had genuine difficulties in accessing the hearing and should not be penalized on procedural grounds.
As a result, MahaRERA has restored the non-compliance case and directed its transfer to the Adjudicating Officer for further legal proceedings. The MahaRERA Registry has been instructed to facilitate the transfer.
Implications for Homebuyers
This ruling reaffirms MahaRERA’s commitment to protecting homebuyers’ rights and ensuring developers comply with their obligations. The decision highlights the importance of accountability in the real estate sector, giving hope to other buyers facing possession delays and non-compliance issues.
The MahaRERA order was passed on February 12, 2025, following a virtual hearing, after the matter was reserved for order on November 28, 2024.
Stay tuned for further updates on this case and more real estate news!
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