By Varun Singh

There are many buildings where homebuyers have been staying, in spite of a no Occupation Certificate (OC).

However, this would be one of those rarest time, when an authority has asked for initiating legal action against such residents.

MahaRERA recently asked the secretary, to bring to the notice of local Municipal Commissioner about residents in a building without an OC.

Actually the complaint was filed by the builder against the landowners stating that the latter was causing obstructions in completion of the project.

The project in concern is Nivrutti Heights being developed in Pimpri-Chinchwad Municipal Corporation limits.

The respondent in the case informed MahaRERA that although all the amenities weren’t provided yet 45 families were residing in the building.

MahaRERA member B D Kapadnis who was hearing the matter noticed that, almost 62 flats were constructed in the building, and according to the promoters who were the complainants only 1% work was left to be completed.

Kapadnis further noticed in his order that, 45 families were residing in the building, which is yet not completely constructed. And is not safe to live in absence of fire safety system. He further noticed that, these families were residing in the building without it having an OC.

Section 3 (2) (i) of MOFA 1963, prohibits a builder from inducting any person without completion certificate in the flats. It also prohibits the home buyer from taking possession of such flat without Occupancy Certificate.

Kapadnis mentioned that the promoter and the occupants have to be proceeded against by the Municipal Corporation under the Maharashtra Municipal Corporation Act.

Kapadnis said, “In view of this legal position, I find that it is necessary for this Authority to prosecute the complainants, respondents and all those occupants, who have occupied the premises without OC. Therefore, it is necessary to refer the issue to Municipal Commissioner for taking action in accordance with the law.”

MahaRERA, asked the secretary to bring to the notice of the Municipal Commissioner of Pimpri Chinchwad to take legal action against the offenders.

Also MahaRERA asked the respondents to not obstruct the completion of the project and installing of fire safety system.

The complainants were also asked to complete the project as per the sanctioned plan. They were also asked to provide amenities and fix all the defects pointed out by the respondents.

Also Read: Societies cannot stop tenants entry citing COVID

The post Action against residents for occupying flats without OC appeared first on Square Feat India.

By Varun Singh

MahaRERA only in the month of March has uploaded 85 orders of suo-motu action it took against realty projects. 

In all the cases the complainant was secretary, MahaRERA. The complaints were filed, because the registration of these projects with MahaRERA had lapsed. Above this it was noticed that the developers had not sought any extension of dates either.

Another important aspect noted in the orders is that as per the details on the webpage of projects against whom the suo-motu orders were passed were not complete.

The developers had also failed to upload the Annual Audit Report of Statutory CA – Form 5 for FY 17-18 and FY 18-19, which is mandatory as per the rules and regulations of RERA.

Advocate Prakkash Rohira who fights cases in MahaRERA said, “Regulatory departments taking so motu cognizance and self regulating the projects is an ideal method to enforce law compliance. Municipal bodies too must follow similar practices with goals for law enforcement.”

MahaRERA in the orders have said, “At this stage, since the project registration period has lapsed, the only way forward is to protect the allottees and enable them to form an association of allottees.” 

The Association of allottees which is the association of home buyers can then take an informed decision regarding carrying out the balance work to complete the project. 

The developers were also asked to handover every allottee the list including contact details of all the allottees in the project. This to enable the allottees in the project to form an association and take an informed decision regarding the project. 

The Association of Allottees can also 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. 

Since January till now, MahaRERA has uploaded around 163 suo-motu orders against projects. 

Rohira said, “Developers need to understand that mere registration with RERA is not sufficient and the registration requires constant stage wise updation and compliance. These “cleansing” orders against defaulting developers will serve as a precedent that malpractices putting homeowners at risk will not be tolerated anymore.”

Name of some of the developers against whom orders have been passed
Ashapura Builders and Developers, Shree Ekveera Developers, Rupji Constructions, Darode Jog Homes Pvt Ltd, Dreams Construction Pvt Ltd, Signo Construction and V J Construction, PR Builders, Om Associates, K K Developers and others.

Also Read: Action Against 20 Projects By MahaRERA In A Day

The post MahaRERA: suo-motu action on 85 projects in March appeared first on Square Feat India.

By Varun Singh

Action against 20 projects was initiated by MahaRERA in a single day. The actions were meant to protect the interest of the home buyers.

All the action were taken on February 10, 2020 on complaints filed by the secretary of MahaRERA.

MahaRERA observed that the project registrations of these 23 projects had lapsed. While for some it was March 2018, for other projects the date of lapse of their registration was May and for a few it was June.

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.

Moreover, 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 orders passed by MahaRERA in the suo-motu cases.

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.

The action was taken 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.

The name of the few developers and projects against whom MahaRERA took a suo motu action includes.

• Prashant Aditya Shukla
• Arham Enterprises
• Babasaheb Mahadev Bhosale
• Bhosale Group
• New Homes Builders and Developers
• Charms Corporation
• Mahavir Enterprises
• Seven Eleven Construction Pvt Ltd (2 suo motu action)
• Rohan Gruh Nirman
• Shree Vimalnath Infra
• SABA CONSTRUCTIONS 
• Sai Developers 
• Ganadish Krupa Palace
• Rohan Development 
• Rajesh Raghuvir Mantri
• Sai Unity Corporation
• Lachhman Vasdev Bathija 
• Shri Tirupati Realty 
• Virtej Virdhaval Ghag

Also Read: To Protect Home Buyers, MahaRERA Takes Suo-Motu Action Against 23 Projects.

The post Action Against 20 Projects By MahaRERA In A Day. appeared first on Square Feat India.

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.

Also Read: Property Worth Rs 40 Crore of Nirmal Lifestyle In Mulund To Be Auctioned To Repay Home Buyers.

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.

Also Read: No Agreement Of Sale Means No Refund, says MahaRERA

“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.

Also Read: In A First MahaRERA Allows HomeBuyers To Complete A Stalled Realty 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.

Also Read: MahaRERA Asks Developer to Pay Interest.

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.

The post To Protect Home Buyers, MahaRERA Takes Suo-Motu Action Against 23 Projects. appeared first on Square Feat India.