November 09, 2017

 

In another case, real estate regulator asks developer to advance deadline for handing over flat

The Maharashtra Real Estate Regulatory Authority (Ma haRERA) has rejected com plaints filed by six home buyers against Terrain Infrastructure Pvt Ltd on the ground that they did not disclose that they had filed similar complaints before the Bombay High Court.

Home buyers ­ Thakurdas Rohira, Pradeep Luthria, Shweta Luthria, Neetu Luthria, Jitendra Mehta and Niti Shah ­ had lodged complaints asking the MahaRERA to direct the developer to complete the process of registration of the agreements of their flats in Terrain Heights building in Santacruz East and stop the developer from creating any third-party rights.

During the hearings, the developer pointed out that the complainants had approached the Bombay High Court over the same issue and the matter was transferred to the City Civil Court where a decision is pending.

“From the papers submitted along with the complaint, it is observed that though the complainant has given a declaration that the matter about which this complaint has been made is not pending before any court of law or any other Authority or any other Tribunal, the same matter is pending in the City Civil Court. The complaint filed with MahaRERA is not maintainable and is therefore, dismissed,“ said adjuciating officer Gautam Chatterjee, Chairperson, MahaRERA, in his ruling In another ruling, MahaRERA directed a developer to give a home buyer possession of his flat in a Badlapur housing project 19 months ahead of the developer's 2019 possession deadline.

Home buyer Ajay Nair had filed a complaint with MahaRERA demanding a refund of his investment in a flat in Siddhicity Phase V being constructed by Siddhitech Homes Pvt Ltd in Badlapur, Thane district. In his complaint, Nair said he had paid 10 per cent of the flat cost to book the flat in September 2012 and as per the Memorandum of Understanding (MoU) signed then, the developer had promised to deliver possession of the flat within 18 months or before March 31, 2014, whichever is earlier. As per the MoU, the developer would get a grace period of six months for giving possession, failing which he would be liable to pay interest at the rate of 2 per cent per month for the delay.

During the hearings, the developer said that the project had got delayed due to reasons beyond his control, but he offered to sign and register the agreement for sale as prescribed by RERA and hand over possession by May 2018. The developer had put a revised project completion deadline of December 31, 2019 on MahaRERA portal. Nair did not show interest in continuing with the project. In his ruling, adjudicating officer Chatterjee said: “In the present case, the complainant could not point out violation or contravention of any provision of the Act wherein MahaRERA could exercise its authority and give him relief. In accordance with the provisions of Section 13 of the Act, the next logical step in this matter has to be signing and registering the agreement for sale, since the complainant has already paid more than 10 per cent of the consideration amount.“

Chatterjee then directed the developer to sign the agreement with May 2018 as the possession date before disposing of the matter.

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Source: epaperbeta.timesofindia.com