In the Matter of Nitin Soni & Ors. Vs NNP Buildcon LLP Complaint no.CC005000000043692 decided on 07.08.2020 before Maharashtra Real Estate Regulatory Authority
The complainants purchased apartments in a project
The possession was to be granted by the year 2019 but it was not provided hence the complainants sought for refund along with interest and compensation.
The Respondent‘s project has undergone a change of promoter, in March 2019, in accordance with the provisions of Section 15, wherein the erstwhile promoter Riverview Properties Pvt Ltd, has obtained consent of two-third of the allottees in the said project and as per the said consent terms, the project has been taken over by the present promoter i.e. NNP BUILDCON LLP.
The delay in the project was due to change in planning authority, the new planning authority provided commencement certificate in August 2019, no progress was done from 2013 till 2019.
The respondent submitted that a mutually agreed proposal was shared with the allottees of the project including the complainants during discussions before the Conciliation forum. Accordingly, consent of 2/3rd allottees was received. It was also submitted that since the law provides for 2/3rd consent, providing different relief to remaining 1/3rd allottees would go against the provisions of the Act and also would set a wrong precedent for 2/3rd allottees.
Hence, the Complainants prayer of refund under Section 18 of the Act was disallowed by the Authority.
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