Covid moratorium benefit not for plan-flouting builder: MahaRERA, ET RealEstate

June 24, 2023

MUMBAI: In an order that will serve as a warning to builders, the MahaRERA has disallowed the benefit of the Covid-19 pandemic moratorium, available to all promoters, and directed a builder to pay interest even for that period to a complainant for violating the sanctioned plan.

The benefits of the moratorium are meant for projects following the sanctioned plan, said MahaRERA chairman Ajoy Mehta, in a recent order. A benefit or a privilege is extended to entities that operate within the four walls of law, the order said.

Citing one of several complaints, the MahaRERA said the promoter of the ground-plus-three-storey ‘GSR Aanandam’ commercial-cum-residential project had not handed over a shop on the ground floor by December 2021 as agreed. The complainant sought to exit the project and claimed a refund with interest.

Dealing with the case, the MahaRERA observed the promoter had indulged in serious irregularities in the execution of the sanctioned plan. A basement as well as one more floor than allowed had been constructed. The promoter also made five offices in the basement without any approval.

The regulatory authority also pointed out that the sanctioned plan showed a society office but it had been turned into a shop for sale. In almost every shop offered for sale, a bit of the common open space has been enclosed. Besides, in all shops the height provided is less than that mentioned in the sanctioned plan.

The order said it is clear that one of the essential ingredients of a project’s application for registration with MahaRERA is the sanctioned plan, the layout plan and the specifications of the project as sanctioned by a competent authority. These form the basis on which the parties execute the agreement for sale.

The promoter offers to deliver premises in keeping with the sanctioned plan. In this case, the promoter flouted the very basis of the promoter-allottee agreement, it said.

The MahaRERA, therefore, directed the promoter to refund the amounts paid by the complainant along with interest from January 2022 without benefit of the moratorium and further observed that the allottees cannot be penalised for misadventures of the promoters.

  • Published On May 26, 2023 at 03:00 PM IST

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