Big boost for homebuyers, MahaRERA targets builder under this law too

On several occasions, developers have asked the Maharashtra Real Estate Regulatory Forum to dismiss a case, because the agreement have been registered under MOFA not RERA. However, the authority, in a recent order not only heard a similar case but also passed an order in favour of the home buyer.

Umesh Vyas had approached MahaRERA against the developer Prima Terra Buildetch Private Limited and Satsasang Bharti CHS Ltd. He filed a case seeking interest for delay of five years in possession and for an early possession of the flat. The developer during the hearing, raised the issue of maintainability of the complaint on the ground that the agreement had been registered under the provisions of MOFA (still in force), and complain is not maintainable before MahaRERA.

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However, Dr Vijay Satbir Singh, the adjudicating officer said, “Even if all the constraints pointed out by the respondent are taken into consideration, there was adequate time to complete the project and handover the possession of the said flat well before the RERA act 2016 came into effect on May 2, 2017. According to section 18 (1) of the ACT, if the promoter fails to complete a project or unable to give possession of an apartment, plot or building the allottee shall be paid interest for the period of delay till handing over of the possession at such rate as may be prescribed.

By Varun Singh, DNA India