Reimburse 1.5cr for delay, Maharera tells Malad Builder | Bombay News

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MUMBAI: Believing that an inordinate nine-year delay in taking possession “is neither permissible nor justifiable by any stretch of the imagination”, the Maharashtra Real Estate and Regulatory Authority (MahaRERA) recently ordered a builder to reimburse the total amount of almost Rs 1.5 crore and enabled a couple who had booked an apartment to withdraw from a Malad (W) residential project.
Sapna Shukla and Vivek Gaonkar booked a 715-square-foot carpeted apartment on the ninth floor of an over-the-counter building in 2013 and had been waiting nearly a decade for possession despite nearly paying for it, their attorney Mustafa Kachwala said. at MahaRERA.
The couple had filed a complaint with MahaRERA against Sanket International Ltd (now Rajsanket Realty Ltd) for reimbursement. The plaintiffs stated that “at the time of booking the apartment, the respondent had categorically informed the plaintiffs that they would hand over possession of the apartment with certificate of occupancy within three years of the execution of the ‘deal”.
The buyers said the builder told them to pay interest on the outstanding amount to the bank from which they took a loan which under a three-party agreement the builder was required to pay but did not managed to pay in 2019.
Jignesh Waghela representing the builder disputed the complaint saying it is “not governed by RERA” but falls under the Maharashtra Property Ownership Act of Maharashtra (MOFA) and MahaRERA has no jurisdiction to adjudicate on this complaint which “resulted from an installation agreement signed with ICICI Bank.” The builder agreed to hand over the apartment on the date mentioned on the MahaRERA website.
MahaRERA member Vijay Satbir Singh in his March 25 order via videoconference said: “The plaintiffs paid almost all of the consideration, including the loan under the grant scheme in 2013. However, they are waiting for their house even after nine years and they are asked by the respondent to pay before the IME. Normally, a project should be completed in 3 to 5 years, as judged by the Supreme Court in its judgments. ”He felt that the builder had breached a clause in the agreement. Despite its agreement, the builder has stopped paying pre-EMIs to the bank since 2019 and “this amounts to a false declaration to the assignees”, the MahaRERA order said.
The RERA law allows a buyer to withdraw from a project in the event of a delay or violation by a builder.
The authority ordered the builder to pay the refund with interest and if the full amount is not paid within two months, the builder “shall pay Rs 5,000 per day of default till the date of effective compliance”.
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