MahaRERA evaluates complaints from home-buyers and rules against builders in four cases
Home buyers Mukul and Teena Jain, Rajkumar and Rekha Bhatia, Rohini and Manoj Thalve, Prakash and Jyoti Sutar, Rajesh and Harsha Gada, Ashok and Indira Karanth, and Vishal Ambani lodged complaints with MahaRERA (Maharashtra Real Estate Regulatory Authority) that the developer, Kumar Builder Mumbai Realty Ltd had failed to give possession by 31 March 2015, and had put a revised date of December 13, 2019 while registering with MahaRERA. The home buyers sought interest on their investments, and compensation for delay in possession, according to a report in Times of India.
 
Adjudicating officer and MahaRERA chairman Gautam Chatterjee asked the developer, Kumar Builder Mumbai Realty Pvt Ltd to advance its possession deadline from December 2019 to 15 September 2018 and said that the developer would be liable to pay interest if he fails to deliver possession by that date.
 
In a separate case, Sujata Hendre had complained that Ekta Parksville Homes Pvt Ltd had failed to deliver possession of her apartment in Brooklyn in Ekta Parksville Phase II by June 15, 2015, and with the revised deadline of October 31, 2019, she did not wish to continue in the project, according to Times of India.
 
Citing Rule 4(2) of Maharashtra Real Estate Rules which states that the possession date should be commensurate with the extent of development work pending, Chatterjee ruled that the developer should hand over possession for the apartment before July 2018 and directed that if he fails, he would be liable to pay interest.
 
Two separate complaints came to MahaRERA from Sneha and Satish Parkar and Suresh Sohani against delayed possession by Nandraj Developers Pvt Ltd. The home buyers had complained that the developer had promised possession by 31 March 2014. Chatterjee of MahaRERA asked the developer to deliver possession by 31 January 2018, failing which they would be liable to pay interest. He also directed the developer to form and register the society, as more than 51% apartments had been sold. 
 
Home buyer Jyotindra Kansara had claimed in his complaint that the developer, Adani Estates Private Limited, had failed to provide possession by May 2017, as was committed by them. The developer claimed that no specific date of possession was committed in the agreements, but he was committed to give possession by June 2018 as mentioned on MahaRERA website. Chatterjee directed the developer to hand over possession by 30 June 2018 along with occupancy certificate, failing which he would liable to pay interest.
 
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    COMMENTS

    Ramesh I

    3 years ago

    The RERA law and its rules have been hugely diluted by most States, as much of the illicit income of politicians and corrupt officials is parked in real estate in India. There are many provisions in the law and the Rules which are heavily in favor of Real Estate Developers (REDs). E.g. who only 70% of amount paid by home-buyers should be in an escrow a/c ? Why not the entire 100%, so that the RED is forced to use it ONLY to develop the Project s/he's taken the money for ? Why have the REDs been allowed to defer tentative possession dates by many years while registering on-going projects with MahaRERA ?
    The RERA law and its Rules will not help home-buyers get their due from unscrupulous rogue REDs. The law & rules need to be amended to make it fair.

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