December 22, 2017

MUMBAI: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has asked developer Arkade Realty to not to sell open car parking in the project and allow the complainant homebuyer to park his car inside the building premise.

The homebuyer had complained about the developer selling open car parking space in its ready project, while the developer refuted the allegation.

MahaRERA has reiterated that "as per the Act, Rules and Regulations, the respondent (the developer) cannot sell open parking space, which has to be handed over to the legal entity (co-operative housing society) of the allottees when it is formed."

In a separate order, the regulator has pulled Ayyas Abdul Sayyad, realty developer of project Spanish Residency for issuing and dishonoring post-dated cheques to homebuyer. The homebuyers had booked a villa in the project at Naigaon on the outskirts of Mumbai, but had cancelled the booking later on.

The builder, according to the complaint, had agreed to pay Rs 19.50 lakh to the complainant through post-dated cheques upon cancellation of the booking. However, the builder stopped the payment of a certain cheque of Rs 3 lakh and also refused to hnour other cheques.

"The practice of issuing post-dated cheques and dishonouring them brings disrepute to the housing industry. Because of a few black sheep, the entire industry suffers and therefore this practice will have to be condemned and handled sternly. The same thing has happened in this case too. MahaRERA is of the opinion that this amounts to unfair practice and fraudulent act also," MahaRERA said in its order.

The regulator has ordered the developer to pay Rs 3 lakh to the complainant within seven days and also honour five more post-dated cheques totaling Rs 4.80 lakh.

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Source: realty.economictimes.indiatimes.com