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Delayed possession costs builder dear

MahaRERA sends recovery notice to seize property; developer asked to pay Rs 94 lakh as principal plus interest

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Delay in giving a buyer possession of his flat in Mira Road has cost a real estate developer dear, with the Maharashtra Real Estate Regulatory Authority (MahaRERA) asking the Thane tehsildar to initiate recovery process due to dues owed.

MahaRERA had issued the recovery warrant earlier as well against the real estate developer, having sent that to the Thane district collector. The warrant was issued after the complainant home buyer approached the regulatory authority and asked them to execute an order related to refund of money, originally passed in May 2018. The buyer had originally paid Rs 61 lakh for the flat, so along with interest and compensation, the developer has been asked to pay more than Rs 94 lakh.

A letter, signed by MahaRERA member BD Kapadnis, was sent a few days ago to the tehsildar to proceed with the recovery process.

The buyer, Arun Veer, had booked a flat in Gaurav Woods II in Mira Road, a project by Ravi Developers, in 2013. He claimed he paid Rs 61 lakh for this, and was promised possession in 2015. But when this got delayed, he approached MahaRERA to seek a refund in May 2018. "After that, the developer promised to return the money in three months. But when he didn't, I approached MahaRERA. Finally, a recovery warrant was issued to Thane collector," Veer said.

In a previous case similar to this, a home buyer had approached MahaRERA for non-execution of the order in a project in Ambivali near Kalyan. In that instance, MahaRERA asked the Kalyan tehsildar to carry out the recovery process, following which the tahsildar issued notices and set February 21 as the date on which the property will be auctioned.

In his original complaint, Veer had sought refund along with interest and compensation from the builder, and Kapadnis had ordered the builder to refund the amount paid, along with interest. Veer, a retired government servant, said he is living on rent currently, and needs the money to get his own apartment. He is hopeful that MahaRERA's intervention would mean he can get the money back promptly.

Repeated attempts to contact Ketan Shah of Ravi Group elicited no response.

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