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Handover list of allottees of the project to home buyers: MahaRERA

MahaRERA explained the complainant home buyers to explore the possibility of invoking certain provisions of the RERA act to complete the project through the association of allottees.

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In a first, MahaRERA asks a developer to handover the list of allottees of the project to the home buyers. This will enable them to decide on revocation of their registration. MahaRERA explained the complainant home buyers to explore the possibility of invoking certain provisions of the RERA act to complete the project through the association of allottees.

Ganesh Gole the complainant had purchased an apartment in Moraya developers project, Vednat Heights, Haveli in November 2015 and the possession date was December 2016. However, the possession was handed over in March 2018. The complainat further alleged that work quality in the project had defects and even though 70 per cent of the allottees had taken possession, the developer had not initiated the process of society formation and had not handed over amenities as promised. Therefore he requested that the developer be directed to pay interest over delay and compensation for the lack of amenities. The developer wasn't present during the hearing and Gautam Chaterjee, the chairman of MahaRERA passed the order exparte. The complainant had already taken possession of the apartment, though he claimed that he had received only fitout possession.

While hearing of the case, Chaterjee explained that section-14 (3) of the Real Estate Regulation and Development Act 2016, that, in case of any structural defect or any other defect in the workmanship, quality or provisions of services or any other obligation of the promoter as per the agreement of sale of the development is brought to the notice of the promoter within a period of five years, by the allottee from the date of handing of possession, then it shall be the duty of the promoter rectify such defect within thirty days without any further charge.

And if the promoter fails to do so, then the aggrieved allottee shall be entitled to get compensation. The home buyer was asked to notify the developer the concerns related to the work quality. During the hearing, Chaterjee noted that on review of the developer's registration page, he observed that the project registration had already lapsed. He explained to the complainant invoking provision of the act to complete the project through the association of allottees. Also the developer was directed to handover the list of allottees with their contact details to the complainant to enable the allottees to take a decision if the association of allottees may like to proceed with revocation of the registration of the project.

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