The home buyers had alleged that even though the said project was started in 2009, the developers failed to complete the construction and handover possession of their apartment till date.
Nearly 181 home buyers who have been struggling to get the work started for their project have finally found some respite. These home buyers had booked their home in 2009 uder projects named Tanvi Eminence Phase 1 and 2, situated at Mira Road.
However, the developer which comprised of several partners started having problems and the project was stalled. Finally on February 9, MahaRERA which was hearing the case since November helped resolve the matter. Now one of the partners agreed to construct the buildings and hand over the homes by 2019. Ramesh Prabhu who represented the home buyers said the strength of all the homebuyer comings as one association helped them get the possession date finally.
The home buyers had alleged that even though the said project was started in 2009, the developers failed to complete the construction and handover possession of their apartment till date. The home buyer prayed that the developers be directed to pay them interest on delay as per the provisions of RERA. There were in total six respondents, first being Kashimira Ceramic Products LLP with three partners respondent number two Tanvi Construction Pvt Ltd, respondent number five Dahyabhai Sutariya, and respondent number six Bhupatbhai Lukhi. The other two respondent are respondent number three H G Vijaykumar and respondent number four Sangeeta Vijyakumar.
The first date of the hearing was November 22, 2017, but the respondents remained absent, on the second hearing, the advocate for the respondent stated that the construction work was stalled because of internal disputes between the respondents and that arbitration proceedings are pending. The home buyers urged MahaRERA to intervene so that the dispute between the respondents are resolved and project work is started.
During the course of the further hearings the respondent number five, Dahyabhai Sutariya agreed to initiate take over of gthe said projects by acquiring the stakes of the other two partners, putting in the required liquidity in the said projects and to complete the project in a time bound manner. Sutariya further even produced documents to show that the respondents have settled their internal disputes and the said projects have now been handed over to him. He also got a new partner. Al of this was agreeable to the other respondents and also to the home buyers.
Post which it was agreed that Sutariya will handover possession of the apartments with OC to the complainants before the period ending December 31, 2019 with a further grace period of three months, failing which he will be liable to pay complainants interest on delay. Ramesh Prabhu who represented the home buyers said, "Only when the home buyers said MahaRERA that they were ready to take over the project and do it on their own did the matter come to a settlement, MahaRERA also took a stern stand that homebuyers cannot suffer and hence this judgment."
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 "After 10 years, Mumbai homebuyers will finally get their Mira Road flats")
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