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MahaRERA won't table buyers' plaint after possession

The order was passed after a complaint was filed by the members of the Balaji Infinity Society

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In a recent order, Gautam Chatterjee, the chairman of Maharashtra Real Estate Regulatory Authority (MahaRERA) stated that the regulatory body would not entertain any complaint about incomplete work from a buyer of an apartment if he/she has already taken possession of the apartment.

The order was passed after a complaint was filed by the members of the Balaji Infinity Society. The aggrieved party had already taken possession of their apartments in the project named 'Balaji Infinity' situated at Pune. However, they alleged that their apartment work was incomplete as the developer had not provided the amenities like a porch, gym and other structures which were mentioned in the advertisement brochure. They also alleged that the firefighting entry and exit were sold for the parking place.

However, the developer said that they have already completed the work denying having done any illegal or unauthorised work in the project. Further, the developer added that they shall complete the project with an occupancy/completion certificate within the revised completion date of December 31, 2018 as mentioned in the registration documents which are available in the MahaRERA webpage.

Chatterjee disposed the case and said, "In view of the above facts, since the complainants have already taken possession of their respective apartments, the complaint pertaining to incomplete work in their apartment cannot be entertained. With regard to the completion of the common areas and amenities is concerned, the developer has to complete the same while completing the registered project. Any allegation regarding unauthorised work will be looked into by the Competent Planning Authority, before granting completion/ occupancy certificate for the project."

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