December 18, 2017

 

Mumbai

When not adhered to RERA guidelines, a developer can be held 'guilty'. However, how does one tackle an oblivious (and a slightly notorious) home-buyer who indulges in foul-play? Read on...

The Real Estate (Regulation and Development) Act was adopted by the state of Maharashtra on May 1, 2017 and was one of the first states to implement it in letter and spirit. In fact, post the formation of the regulatory authority, many aggrieved home-buyers have got swift redressal as well.

However, lately we have seen a number of cases being dismissed by the authorities. One case particularly became a topic of discussion within the fraternity, but why? Let's understand… According to the given case study, the allottee had booked a flat with the promoter (Arkade Group) and had paid a certain amount for the booking as well (read: which was less than five percent of the total sale consideration). However, the allottee unilaterally cancelled the booking on the grounds that he could not arrange for the balance money due to financial difficulties. The allottee then asked the promoter for refund of the booking amount. The promoter did not refund the booking money (as per the terms and conditions mentioned in the booking form). The allottee then approached the MahaRERA for refund of the booking amount. MahaRERA dismissed the complaint on the ground that no provision of RERA or any rules or regulations thereunder was violated or contravened in the said matter.

The above case study is not an instance in isolation. In fact, there have been a number of cases, which have been dismissed by the authorities because either the reasons were frivolous or did not fall under the provisions of RERA. Though it's a known fact that the promoter community has functions and duties to perform under RERA, lesser is spoken about the allottees role in the endeavour, failing which, even they can be tried under the rule of the land.

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Source: magicbricks.com