Since mid of December 2019 till first week of January 2020, MahaRERA took suo-motu action against 23 projects. The action after developers failed to seek extension of their lapsed project registration.
By Varun Singh
In order to protect the rights of home buyers, the Maharashtra Real Estate Regulatory Authority (MahaRERA) in the span of 20 days has initated suo-motu action against 23 projects.
The action was taken on review of the developer’s project registration. MahaRERA observed that the project registrations of these 23 projects had lapsed. However, none of these projects had sought or were granted any extension under the provisions of the Real Estate (Regulation and Development) Act, 2016 and the rules and regulations made thereunder.
Further the details that MahaRERA found on its website about these project registraion showed that the projects were not yet completed. Moreoever, these developers had not uploaded the annual audit report and other forms that are required under provisions of RERA read with MahaRERA General Regulations, 2017.
According to rules, every ongoing project where the developer is selling or advertising any project, land, or plot to sell has to register the project with MahaRERA. Without a valid registration a developer cannot go ahead with the sale of his ongoing project.
“At this stage when the project regstration period has lapsed, the only way forward would be to protect the right of the allotteess (home buyers) and enable them to form an Association of Allottees, who can take an informed decision regarding carrying out the balance work to complete the project,” read the order passed by MahaRERA in the suo-motu cases.
In cases where the project being carried out was a redevelopment project, MahaRERA took into consideration the existing tenants and the indiviudal members apart from home buyers.
The developers were directed to handover the list of the allottees (home buyers) along with the their contact details to all the allottees of the project, along with a copy of the suo-motu order by MahaRERA. This to enable the allottees to form an association of allottees and thereafter which the allottees can take an informed decision pertaining tot he project.
The Assocaition of Allottes can proceed under section 7 (Revocation of registration) or section 8. Section 8 states that upon lapse of the registration or on revocation of the registration, the Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority.
In some of the cases MahaRERA had to pass an ex-parte order as the developer or any of his representatives failed to present themselves in front of the authority.
The name of the few developers against whom MahaRERA took a suo-motu action includes MRK Realty, Savita Builders, Reilable Housing, Kripa Realtors, Star sky Realtors, Sankalecha, Shagun Enterprises, Haritara, rishabh Developers, Right Channel Constructions and others.