By Varun Singh

Yes, heard it right, even MahaRERA, couldn’t contact a builder. This after the authority sent the developer notices, and made several attempt to contact the builder over phone.

Two homebuyers, Santosh Shukla and Bhushan Trivedi, approached MahaRERA against builder Sheltrex Karjat Pvt Ltd.

The homebuyers were seeking refund of the amount paid to the builder because of delay in possession.

The builder failed to appear before MahaRERA in spite of notices on September 10 and September 29.

Even after several attempts were made by the authority to contact the builder on phone they couldn’t be reached.

Finally the complainants decided to proceed ex-parte against the builder.

Shukla had paid Rs 7.50 lakh and Trivedi had paid Rs 9.91 lakh to the builder for their homes.

The builder had failed to handover the flats within 36 months from the commencement of construction.

Records show that the builder commenced construction in April 2015, thus possession date was April 2018.

B D Kapadnis, Member II, MahaRERA noted that, section 18 of RERA empowers allottees to withdraw from project, when builder fails to handover possession on agreed dates.

Thus the homebuyers are justified in claiming refund of their amount with interest.

The builder was ordered to refund Rs 7.50 lakh to Shukla with an interest of 9% per annum from date of receipt of the payment till refund.

Similarly the builder was ordered to refund Rs 9.91 lakh with 9% interest per annum to Trivedi.

The builder was also asked by MahaRERA to pay Rs 10,000 to each homebuyer towards cost of their complaints.

“The charge the amount shall be on the booked flats, till the satisfaction of the complainants’ claim.”

B D Kapadnis, Member II, MahaRERA.

The complainants on satisfaction of their claims shall execute the deed of cancellation of their agreements of sale. The builder has been asked to bear the cost.

Also Read: Dawood Ibrahim’s Land On Sale For Rs 1.38 Lac

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By Varun Singh

Builder was fined Rs 2 Lakh for delaying in registration by MahaRERA in September 2017. On January 29, 2020, a suo motu action was taken against the builder by MahaRERA.

The complainant is MahaRERA secretary who filed the case against the developer Ganpati Builders and Developers. The action was taken on review of the developer’s project registration. The project is named Sai Krupa located in MMR.

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 this project registraion showed that the project was 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.

While hearing the suo motu Complaint the developer and project professionals, associated with the project were called for the hearing. But no one appeared for the builder and project professionals, associated with the project in spite of service of notice.

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 case.

Ganpati Builders and Developers was 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.

MahaRERA had imposed a penalty of Rs 2 lakh on the promoter, Ganpati Builders & Developers, for delayed application for registration of their on-going Project ‘Sai Krupa”. The builder had applied for registration on 30.09.2017. Subsequently, the promotor has not only failed to pay the penalty amount in spite of continuous follow up by MahaRERA Secretariat, they have also not been able to complete the Project in the stipulated time which was 30.06.2018.

Therefore, the said penalty amount due to MaiaRERA, shall form a part of the financial blue Print to be prepared by the Association of Allottees for carrying out the balance work to complete the Project under section 8 of the Real Estate (Regulation and Development) Act, 2015.

The developer also has been restrained from creating any third Party rights against the unsold apartments in the project.

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

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