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The bizarre MahaRERA case of a homebuyer

Here is a case study on how homebuyers pay money and do not even know whether the person taking the money is a developer, an agent or the developer's employee.

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Here is a case study on how homebuyers pay money and do not even know whether the person taking the money is a developer, an agent or the developer's employee.

In a bizarre case, a man approached the Maharashtra Real Estate Regulatory Authority (MahaRERA), seeking refund of money he had allegedly given to the developer. However, the authority later on realised the complainant himself isn’t sure to whom he paid the money, nor was aware as to whether the person who collected the money was the employee of the promoter or agent. 

The complainant is named Ashok Pawar and he had filed a complaint against a top developer (Lodha Palava). Pawar was seeking refund of Rs 90,000 allegedly paid by him as the booking amount for flat D-0904, Sophistica. He had contended that he cancelled the booking in July 2016 but the developer did not refund the booking amount. 

The complainant filed his complaint against developer but mentioned the number of project which actually belonged to an agent. While hearing the complaint the authority also realised that Pawar wasn’t sure himself, to whom he paid the money, nor was aware as to whether the person who collected the money was the employee of the developer or agent.

The authority after verifying all the information also came to the conclusion that the project against which Pawar had complained wasn’t even registered with MahaRERA. The Advocate who appeared for the developer was present and even produced the occupancy certificate dated March 2016 to show that project was already completed and hence need not register with the authority. 

BD Kapadnis, member and Adjudicating officer of MahaRERA, while dismissing the Complaint passed an order that as the said project is not registered with MahaRERA, it has no jurisdiction to entertain this complaint. 

MahaRERA came into force in May 2017, where all ongoing projects which have started sale, or advertising their projects need to register with the authority. But those who have an OC need not register. The authority till now has heard more than 50 complaints. 

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