MUMBAI: In a recent order, the MahaRERA has granted relief to over 70 homebuyers who had booked flats in the Ruparel Skygreens project in Borivli. The promoter had failed to deliver possession to the allottees — including those who had booked the flats under the subvention schem, and the construction link plan scheme — by the dates agreed and the MahaRERA completion date of Dec 2021.
MahaRERA chairman Ajoy Mehta directed the promoter to refund the entire amounts received by the promoter to some of the allottees with interest and without interest to some allottees, execute and register cancellation deed, cancel allotment letter, agreement for sale and refund the amounts paid by them, besides handover possession with OC to some allottees, along with interest for delay, depending on various reliefs sought by allottees.
The regulatory authority, however, dismissed some of the complaints owing to maintainability and lack of evidence.
MahaRERA also vacated the order passed earlier restraining Piramal Capital & Housing Finance Limited from taking any coercive action, stating that it had determined the rights of the allottees and fixed the obligations of the promoter. The authority had no mandate to adjudicate upon the tripartite agreement binding the allottee, promoter, and lender. However, the authority directed the parties to conform strictly to the terms of the tripartite agreement. Allottees had complained that the finance company had initiated proceedings under the SARFAESI Act.
The MahaRERA order also stated that while it appreciates the complexity involved in executing a real estate project, there is nothing new in these complexities and developers taking up such projects are well aware of them.
One of the allottees filed a complaint seeking a refund of amounts paid to the promoter of the project on account of the inordinate delay in handing over possession of the flat booked in 2017. According to the complainant, as per the agreement, possession was to be handed over on or before Dec 2021.
The promoter had informed the complainant about the subvention scheme, wherein the liability of payment of any amount till the physical possession of the said flat shall be of the promoter and the complainants would not be burdened with the same.
The complainant also stated that the finance company had made substantial loan disbursals to the promoter on behalf of the home buyers. Another complainant had stated that he had booked and registered an agreement for sale in March 2018, and as per the agreement, possession was to be handed over on or before Dec 2021. The complainant also stated that till date there is no commencement of works for C wing.
