MahaRERA throws out plaint against incomplete project
Updated: Apr 3, 2018, 05:31 IST
Maharashtra Real Estate Regulatory Authority (MahaRERA), in an order last month, did not entertain a Pune society’s plea stating that the flat owners had already taken possession of their houses even when their building was incomplete.
MahaRERA chairman Gautam Chatterjee, after hearing the case, said the regulatory body would not entertain any complaints about incomplete work from a buyer if the owners have already taken possession of the flats.
The order was passed after a complaint was filed by members of Pune-based Balaji Infinity Society. The complainants had alleged that their project’s work was incomplete as the developer had not provided amenities like a porch, a gym and other structures mentioned in the advertisement brochure. They also alleged that the fire exit space was sold for parking.
The developer said he had already completed work and denied carrying out any illegal or unauthorized work in the project. He added the project would be completed with an occupancy/completion certificate within the revised completion date of December 31, 2018 as mentioned in the registration documents uploaded on the MahaRERA webpage.
An occupancy certificate validates that the project is complete, has complied with the approved plan and is fit to be occupied.
Chatterjee said, “Since the complainants have already taken possession of their respective apartments, the complaint pertaining to incomplete work in their apartment cannot be entertained. As for completion of the common areas and amenities, the developer has to finish them while completing the registered project. Any allegation about unauthorised work will be looked into by the competent planning authority, before granting completion/ occupancy certificate.”
The order has upset citizens who feel MahaRERA is rejecting cases when they are admissible. “If we are forced to go to the consumer court any which way what then is the purpose of MahaRERA?’’ Vijay Sagar, president of Akhil Bharatiya Grahak Panchayat, said.
He said his interactions with consumer forums show that nearly 80% cases addressed by MahaRERA were not in their favour. The conciliation panel too does not seem to be for citizens as it comprises lawyers and developers, he added.
Abhay Upadhyaya, president of Forum of People’s Collective Effort, said such dismissals are not as per the clauses of MahaRERA. ‘When Madhya Pradesh admits cases that have citizens taking possession of their flat how can Maharashtra dismiss such cases,’’ he said.
He added that the order on states any complaint regarding unauthorized work will be looked into by the competent planning authority before granting completion/occupancy for the project and yet dismisses the case citing that owners have taken
Source : The Times Of India
