MahaRERA directed the Complainant to form the association of allottees and initiate the revocation under section 7 of RERA, The Respondent Builder to provide the Allottee Data to the Complainants.

 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.

2/3rd majority of allottees, keeping the larger interest of project completion and the interest of all the allottees of the said project, have accorded their consent for transfer of project under Section 15 and extension of project under Section 7(3), the complaint of minority of less than 1/3rd of the allottees for refund under Section 18 is disallowed

 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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