The home buyer — Asset Auto — then dragged the developer to MahaRERA citing clauses in the draft agreement not being proper.
Oberoi Constructions Ltd has ruffled the feathers of Asset Auto India Pvt Ltd. The builder dragged a home buyer to the Maharashtra Real Estate Regulatory Authority (MahaRERA) to get the agreement of sale registered. The home buyer — Asset Auto — then dragged the developer to MahaRERA citing clauses in the draft agreement not being proper.
The home buyer wanted clauses like the builder having the tower painted once in every five year, entitlement to maintain and operate additional area facility, helipad, etc, removed. The developer finally agreed to amend the clauses and the case was disposed.
The home buyer had booked two apartments along with two parking spaces in project Enigma, Mulund. On January 29, a MahaRERA order had directed both parties to execute the agreement if the buyer was interested in continuing the project. The buyer, however, filed a complaint with MahaRERA stating that the draft agreement for sale provided by the developer was not in conformity with the model form of agreement. Further, he alleged that the draft did not specify the location of his parking space, and that it entitled the developer to maintain and operate helipad and other similar facilities even after conveyance of the project. The argument was that the power to operate the facilities should be with the society and cannot be reserved by the developer.
The advocate for the developer said that the builder was willing to specify the location of parking spaces, and that the draft will be modified to state that the entitlement of managing/operating the helipad and other facilities. The entitlement shall rest with the builder only till such period as the conveyance of the said project is handed over to the society or as agreed by the society and the builder. The clause pertaining to having the tower painted once every five years, will be deleted, the advocate stated.
After these submissions, the dispute was resolved and the developer was instructed to upload the revised draft agreement on the MahaRERA website, which is in conformity with the provisions of the RERA. Guataum Chaterjee, chairman, MahaRERA, disposed off the case. Vikas Oberoi of Oberoi developers didn't respond to DNA queries.
STORY SO FAR
- The home buyer had booked two apartments along with two parking spaces in project Enigma, Mulund.
- On January 29, a MahaRERA order had directed both parties to execute the deal if the buyer was interested in continuing the project.
- Buyer filed a complaint stating that draft agreement for sale provided was not in conformity with the model form of agreement
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Oberoi Enigma")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}