MahaRERA provides relief to 11 home allottees

Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) provided relief to at least 11 allottees in a real estate project by directing the developer to register agreement of sale after obtaining clearances from competent authorities. The RERA bench acted on a complaint filed by 11 allottees regarding non signing of agreement of sale even after payment of their booking amount.

The complainants which consisted of at least 11 allottees attended the hearing last week along with advocate Anand Patwardhan. These allottees had booked apartments in the project named ‘Runwal Infinity’ which is situated in village Nahur in Mulund after paying the booking amount.

The complainants alleged that the developer failed to register a sale of agreement and did not commit to a reasonable timeline for handing over possession of their apartments.

“There has been no proper timeline for executing the project work given by the developer. Hence, we request the authority to direct the developer for registering agreements for sale according to the provisions of section 13 of the Real Estate (Regulation and Development) Act, 2016,” said Ajit Darekar, one of the complainant.

During the hearing, the RERA authority observed that all the pending litigations and orders issued by various competent authorities have not been uploaded by the developer on the webpage of the registered project. The advocate of the developer said the construction work in the said project had been stalled due to various mitigating circumstances. He also said the environment clearance certificate for the said project had expired and the developer was in a process of obtaining the same.

The advocate further stated the civic body in January 2018, had issued stop work notice due to non-availability of valid environmental clearance from the concerned authority. “Due to these reasons, the developer is not in a position to commit to a timeline for completing the said project and handing over possession due to the continuing mitigating circumstances which is beyond the control of the developer,” said the advocate.

In terms of complaints filed by the allottees, the advocate said the cancellations of the allottees for their bookings have already been executed either by the developer or the Complainant prior to the Real Estate (Regulation and Development) Act, 2016 coming into force. Hence, complaints from such allottees must not be entertained under the act as they are not allottees in respect of the said project.

The RERA bench observed that the cancellations by the said allottees has not reached the finality as the consideration amounts paid by them are still lying with the developer. Hence, the complainants would continue to be treated as allottees in the said project and have locus standi to approach MahaRERA.

The RERA bench directed the developer to make efforts to expedite the process of obtaining the approvals for recommencing the project work and completing it at the earliest.

“Once the developer obtains the required sanctions for the said project work, he is directed to execute and register the agreements for sale with the allottee within a reasonable time period. This would be as per the provisions of section 13 of the Real Estate (Regulation and Development) Act, 2016,” stated the order.