MahaRERA to Municipal Corporation: Act against builder for contravening plan
MahaRERA asked the secretary of the authority to bring to the notice of Municipal Corporation its order, where it found that the builder had contravened sanctioned plan.
By Varun Singh
MahaRERA (Maharashtra Real Estate Regulatory Authority) recently asked the secretary of MahaRERA to bring to the Municipal Corporation’s notice its order.
The authority found that a builder had contravened the sanctioned plan because the developer had created and allotted more car parks than sanctioned.
Two home buyers Sandip Jambhale and Prashant Shingan approached MahaRERA against the builder Shri Venkatesh Sharada Infracon.
The home buyers had contended that the project Parijat A wasn’t developed as per the sanctioned plans and layout plans.
They also informed MahaRERA that the developer failed to provide them car parking as agreed, which is sufficient to accommodate their cars.
The home buyers raised several other issues too. Post which MahaRERA appointed an architect from its panel as a commissioner to submit a report on the points raised.
The architect in his report stated that the parking provided to Jambhale, was not in required dimensions as per the bye laws and even the drive way. Thus it was difficult to park four wheeler in the allotted car park space.
The parking space provided to Shingan was on upper level parking floor. The architect found out that as per the sanctioned plan, parking for two wheelers were on the upper level parking floor.
Even the drive way width for four wheeler was not as per the bye laws, thus difficult to park the four wheeler smoothly in first attempt.
The architect also noticed that, the builder had provided more car parking than the sanctioned plan.
The architect also submitted that he didn’t notice any structure defects, like bulging, deflection cracking of structural RCC elements. Thought there were some peeling of ceiling plaster of lowermost parking, due to water seepage. This cannot be categorized under structural defects.
The developer then agreed to provide separate car parks to the home buyers. However, B D Kapadnis, Member, MahaRERA also found in his order that, the builder had contravened the sanctioned plans because he created and allotted more car parking spaces than sanctioned.
Kapadnis directed the builder to restore the position to make it as per sanctioned plan. Then also asked the builder to allot sanctioned car parks on first come first serve basis,
The builder also was asked to refund the money on prorate basis along with interest to those homebuyers whose car parking was being taken back.
Kapadnis in his order mentioned, that it was the duty of the Municipal Corporation that no changes are made in sanctioned plan and specifications. It has the authority to remove unauthorized structures and restore the use.
He also asked the secretary, MahaRERA to bring this order to the notice of the Municipal Corporation for taking necessary action.
The builder was also asked to pay Rs 20,000 to the home buyers as cost towards the complaints and reimburse the commissioners fees deposited by them.