Big blow for builders as RERA says dont charge homebuyers for facilities not yet delivered

The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently ordered a developer to not demand charges for such facilities that have been mentioned in the agreement but not yet provided to the homebuyer.

Sunil Jajoo had booked a house in Runwal Elina apartments at Andheri and had registered the agreement for sale further executing it in September 2015. Jajoo, in his complaint, stated that the date of possession on the agreement was December 2016 but the developer has failed to hand over the apartment within the stipulated time frame. He also stated that the developer has been demanding charges for club house facility which has not been delivered as on date. He prayed that the developer be directed to pay him interest for the delay as per the provisions of RERA.

During the hearing, the developer’s advocate said the project’s construction could not be completed because of reasons which were beyond the developer’s control and that reasonable extension of time is stipulated for in the agreement. The authority concluded the matter ex-parte.

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Gautam Chaterjee, Chairperson, MahaRERA, while disposing the matter, said, “In view of the facts, the developer is directed that they shall not demand charged for the facilities/amenities like club house that are part of the agreement for sale but are not being provided at the time of handing over possession and until such time, the said facilities are provided for.”

By Varun Singh, DNA India