In the Matter of Parkaj Vrailal Mehta & others Vs. Shree Adiraj Laxmi Builders Pvt. Ltd Complaint no.CC006000000012158 decided on 11.09.2019 before Maharashtra Real Estate Regulatory Authority
MahaRERA through its order dated 11th September 2019 directed promoter ―Shree Adiraj Laxmi Builders Pvt. Ltd‖ (Maha RERA Reg. No. P51700013358)
to enable the allottees to form an association of allottees (AOA) so the decision for initiating section 7 i.e. revocation of the project may be taken by them.
Allottees of the project ―Adiraj Crystal‖ situated at Ambernath, Thane filed various complaints stating that the Respondent has failed to execute and register the agreements for sale, complete the Project and hand over possession. During the proceeding of the case it was found/declared that the project registration has lapsed. Further, the construction work of the project could not be completed because of reasons which were beyond the promoter‘s control.
Authority directed the Respondent to handover the list of allottees of the said project, along with their contact details, to the Complainants within 30 days from the date of this Order, to enable the allottees to take an informed decision Pertaining to the said project and if the association of allottees may like to Proceed for revocation under Section 7/8 of the Act.
The Respondent may seek the approval of the association of allottees for order under Section7(3)
In the similar Matter of Milind Dhande & others Vs. Housing Development and Infrastructure Ltd. Complaint no.CC006000000055794 decided on 06.08.2019 before Maharashtra Real Estate Regulatory Authority
MahaRERA ordered the Respondent to handover the list of allottees of the project ―Whispering Towers EFG Wings‖ to Association of allottees so that decision regarding revocation of registration under Section 7 of the RERA Act can be taken by them.
Facts
1. The Complainants have booked apartments in the project 'Whispering Towers EFG Wings' situated at Kurla, Mumbai via registered agreements for sale. The Complainants have alleged that the date of possession as stipulated by the said agreements has already been lapsed. Therefore, they prayed that since the Respondent has failed to hand over the possession of the apartments within the stipulated period, they be directed to pay interest, on delay or refund the amounts paid as per the provisions of section 18 of the Real Estate (Regulation and Development) Act, 2016.
2. The Authorized representative for the Respondent explained that the construction work of the project could not be completed because of reasons which were beyond the Respondent's control. Specifically, he submitted that the due to financial constraints and unpaid dues of the Planning Authority and various Banks, which has extended project loans, the project has got stalled.
3. In Complaint no. CC006000000056289, the Respondent had submitted that he is in advanced talks with another promoter/ financer and commits to revive and restart the project by April, 2019 and complete the project with occupation certificate by December 30, 2020.
4. Since the Respondent has failed to revive the project by April, 2019 as committed, the association of Allottees may be proceeded with revocation of registration of the project under Section 7 of the RERA Act.
5. In view of the above facts, the Respondent is directed to handover the list of Allottees of the said project, with contact details, to the Complainants within 30 days from the date of this Order, to enable the Allottees to take a decision pertaining to the said project and whether the association of Allottees may like to proceed with revocation of registration under Section 7 of the Act or not.
6. The Respondent may seek the approval of the association of allottees for order under Section 7(3) of the said Act, as per MahaRERA Order no 7/ 2019 dated February 8, 2019 on Revocation of Registration of Project for reviving and completing the said project.
