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Poonam Palash case: MahaRERA asks disputing parties to solve issue internally

A group of home buyers had dragged a builder to the MahaRERA to obtain an Occupation Certificate from the latter.

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The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently asked two disputing parties to engage in a dialogue and resolve an issue among themselves. A group of home buyers had dragged a builder to the MahaRERA to obtain an Occupation Certificate from the latter. The builder had been alleging that the home buyers had carried out unauthorised alterations because of which the planning authority wasn't issuing the same.

The complainants, a group of home buyers, had purchased apartments in a project named Poonam Palash, situated in Nallasopara West, via a registered agreement of sale in 2012. They had taken possession of the apartments in 2014. However, the building does not have an OC till date, nor has the builder, Sumit Jain, completed work on the facilities and amenities of the project. The cooperative housing society hasn't been formed either. This is why the aggrieved home buyers approached the authority to direct the developer to provide these.

The authority first heard the matter on February 14, then on March 19 and March 23. During the hearing on March 23, the developer was present himself and he stated that the project is complete in all respect, including all amenities as per the plan. Only some landscaping is pending and the receipt of the OC, for which he said he has already applied to the planning authority.

The developer further stated that the homebuyers have made illegal structural changes to their apartments and uprooted the trees planted within the premises of the project. This is the reason why the planning authority is refusing to issue the OC. He further added that he has already initiated the process of formation of a housing society for the project.

While disposing the case, Gautam Chaterjee, the chairperson of MahaRERA, said, "In view of the above facts, we advise both the parties to jointly list out the unauthorised alterations made in the apartments, which is hampering the issuance of OC and take steps towards receiving the OC from the competent authority."

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