Answered by
 AV Shenoy
Dear Sir,

We booked flats in an under construction project in Dombivli region in May 2015, with an upfront payment of more than 60% of the base amount. However, we have not been issued the agreement till date. There has been no development in the project ever since. We cancelled the booking in July 2017 and asked for complete refund along with interest. The developer gave us in writing that we will be refunded the amount within 90 days of cancellation. After waiting for over a year, we filed a complaint in MahaRERA in August 2018, and a hearing was conducted in September 2018. The judge (Mr. Gautam Chatterjee) asked the developer why we were not given an agreement of the flat. Mr Chatterjee emphasized that the agreement be given as soon as possible. However, the developer said he did not have the CC for the project, and that it would take time for the CC to be in place. So he was given 90 days to provide the agreement. It was also given to us in writing that in case the developer fails this time, we would be refunded the complete booking amount. The stipulated time was over and the developer conveniently ignored the MahaRERA order. We filed a "non execution of order" complaint again on the MahaRERA website. A hearing was conducted on 6th of February, 2019 and we were again given in writing (from the developer) that either the agreement or a refund will be given within 90 days. No official statement on the hearing was provided to us by MahaRERA. Also the judge (Mr Gautam Chatterjee) directed the developer to immediately provide us with the entire list of allottees, so the allottees amongst themselves can plan on taking care of the project (since the developer apparently has no money at this point). The developer said that he would provide us with the list within a week's time. No update on that till date. We have been trying to contact MahaRERA through phone and email but nobody responds. I am now wondering whether all the positive news about RERA published in newspapers really helps home buyers eventually. All of the customers who have put money on this project are stuck with no clarity on the next steps. Some have approached MahaRERA like us but to no avail. Any advice on this issue would be greatly appreciated. Thanks!
 Consumer complaints
Details of the hearing on 6th February 2019 should be available on the website. If MahaRERA is not responding over phone, you can send a letter or email to Mr Gautam Chatterjee.

You are also... Read More
Comments
You should immediately inform the party that they have sent an inferior product and ask them to immediately arrange for collection of the same. You should further demand that it be replaced with the... Read More
Comments
Our Experts

Shirish Shanbhag An MSc in Organic Chemistry and Diploma in Higher Education and Diploma in French. As a junior college teacher, he taught theory and practical in chemistry, to students in 11th and 12th standard at Patkar College from July 1980 to May 2012. After his retirement in May 2012, he started providing guidance to people on several issues. It includes, career guidance, Cooperative Housing Societies' legal paper works, Right to Information (RTI), Lokayukta, Ombudsman complaints, Marriage Registration,

Bapoo Malcolm Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Jamshed Mistry Jamshed Mistry is a BCom, LLB, DLL & LW. He appears as Counsel in the Supreme Court and in various High Courts all over India. His clients have included several corporate companies as well as public sector corporations and institutions eg. the Reserve Bank of India and the Brihanmumbai Electric Supply and Transport Undertaking. He also works actively for social causes like the rights of disabled persons, beach safety (Goa Action Plan), the setting up of distinct hawking and non-hawking zones in

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

Abhay Datar Abhay Datar is a consumer activist and is also Member of the Managing Committee of Mumbai Grahak Panchayat (MGP). He was Treasurer at MGP for over two and a half years. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of MGP in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related to mobile and mediclaim. Mr Data

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

DG Kale DG Kale, former General Manager of the Reserve Bank of India, with a long stint in the customer services department, has also been a Public Information Officer under RTI and has a ring-side view on what happens to complaints filed with the Banking Ombudsman. His vast experience makes him the ideal person to provide guidance on grievance redressal.

SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

To ask a question

Please
Sign Up or Sign In
with
than you