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Parking slot: Bldr gets RERA stick

In Jan 3 order, developer asked to refund 25,000 to complainant at Lalbaug society

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Following a complaint to the Maharashtra Real Estate Regulatory Authority ( MahaRERA), a builder finally agreed to refund the amount collected from selling an open car parking slot. Regarding a project named Royal Residency C in Lalbaug, home buyers Devendra and Pushpa Agarwal had complained to RERA alleging that the developer Nandraj Developers Pvt Ltd had charged them Rs 25,000 towards allotment of an open parking slot. 

The case that was heard last week by Chairman of MahaRERA Gautam Chaterjee, and order passed on January 3, was that the Agarwals had paid a consideration for one stilt car parking, but details of closed car parking weren’t shown on the MahaRERA website. The Agarwals further alleged that, the developer had also taken Rs 25,000 towards allotment of an open parking slot, though it is not permitted under the Real Estate (Regulation and Development ) Act 2016.

During the hearing, the advocate for the developer stated that information regarding availability and booking of closed parking were displayed on the website of MahaRERA, and hence the first contention didn’t exist. However, they agreed to have taken the amount for parking. In the hearing, the advocate state, “Regarding the consideration amount collected, prior to RERA coming into effect, for allotment of open parking, he (developer) agreed to refund the said amount forthwith.” 

The Agarwals had also alleged that the developer had mortgaged the apartment and that the same be vacated during handing of possession. MahaRERA ruled in favour of the homebuyer and asked the developer that the mortgage charged be vacated and the possession be handed over to the homebuyer before period ending January 31, 2018, failing, which the developer shall be liable to pay interest to the home buyer from February 2018 till actual date of possession. 

Advocate Vinod Sampat said, “Selling of parking spaces even before RERA came into force was not allowed. There is a case law of Supreme Court, where it has been held so. However, builders do not care and keep selling them. In this case, the developer agreed, but in most cases developers don’t.”

LEGAL TUSSLE

  • After buying a property at Royal Residency C in Lalbaug, Devendra and Pushpa Agarwal had complained to RERA alleging that the developer Nandraj Developers Pvt Ltd had charged them Rs 25,000 towards allotment of an open parking slot
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