Can't ask developer to demolish building to suit buyers' whims: MahaRERA

Reprimanding a home buyer, the appellate tribunal of Maharashtra Real Estate Regulatory Authority, said that a builder cannot be asked at the whims of the allottee to demolish a building to suit requirement of the allottee.

While dealing with a case, the appellate tribunal said, "If there's a minor variation in the size of the flat, a home buyer cannot ask the developer to demolish the building to suit his requirement." When a home buyer appealed against an order of MahaRERA, the appellate tribunal discarded it.

The appeal of the home buyer was that the flat he was promised and the flat allotted has a change in area. The appellate tribunal held that, "Minor variation in the size of flat should not be to the detriment of the builder. A builder cannot be asked at the whims of allottee to demolish building to suit requirement of allottees."

Deepa Avinash Mansabdar had appealed to the tribunal against an order, she had complained against Runwal Homes. She had challenged the original order dated September 18, 2017, passed by the chairperson and Member 1 of MahaRERA. The home buyer had booked the flat in October 2012, thereafter it was followed by allotment letter dated March 2013. She had even released 87 per cent of the cost of the flat by cheques and also released Rs 98,651 towards charges and society formation charges.

AREA ALLOTTED

The appeal of the home buyer was that the flat he was promised and the flat allotted has a change in area. When the home buyer appealed against a MahaRERA order, the appellate tribunal discarded it.