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In a first, Sub Divisional Officer asks builder to refund homebuyer

The warrant was issued after the complainant homebuyer approached MahaRERA on several occasions, asking it to execute an order related to refund of money, originally passed in November 2017.

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The warrant was issued earlier after the complainant went to MahaRERA on several occasions, asking it to execute an order related to refund
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In a first, the tahsildar (Sub Divisional Officer) of Kalyan issued a final notice against a developer in order to recover the dues he owes a homebuyer. Maharashtra Real Estate Regulatory Authority (MahaRERA) had earlier issued a recovery warrant against a developer to the district collector of Thane. 

The warrant was issued after the complainant homebuyer approached MahaRERA on several occasions, asking it to execute an order related to refund of money, originally passed in November 2017. The amount is close to Rs 37 lakh and the interest on it is 10.15 per cent. The final notice was issued a week ago. If the developer doesn’t answer, then the government shall put its name in the property extract and auction process of that property will be initiated.

Pradnya Nikhil Sable, the homebuyer, in 2013 had booked a flat in Kambar Construction’s project Woodshire in Ambivali. She had approached MahaRERA and sought a refund of the amount paid by her as the builder had delayed possession. She had approached MahaRERA in November 2017. The developer had then alleged that he was facing a tough time, as a local goon was seeking a ransom and only after his arrest, he was able to start construction work. This excuse was not considered by the authority and it passed an order, asking the developer to refund the amount, along with interest and also a cost to the complainant. The developer then approached MahaRERA twice, seeking a stay as he wanted to file an appeal. Finally, in April, the appellate tribunal heard the case and upheld the original order.

Rohit Chugani, the developer, said, “My project got delayed because of the local goon. The real estate market is not in good shape. I have informed the homebuyers in the project about the development.” However, the developer didn’t mention his intention on refunding the money.

OFFICIAL SPEAK

  • Amit Sanap, the SDO, said, “Last week, we issued the final notice to the developer after MahaRERA asked us to carry out the recovery process, if the developer doesn’t abide by this notice, then we will put the government’s name in the 7/12 extract of the property card. Post this, the property will be auctioned too.”
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