MahaRERA attaches flat of Green World’s promoter over failure to refund Rs 80 lakh, ET RealEstate

June 24, 2023

THANE: The Thane revenue authorities have managed to attach a flat of a promoter of Green World project in Airoli after the promoter failed to deliver a flat worth Rs 80 lakh, which was booked by a senior citizen from Andheri in 2013, with a promise to handover possession of the flat by 2018, following a MahaRERA order.

The promoter has not only deprived the homebuyer of the flat, but the promoter has also sold the flat to another person. In the meanwhile, the promoter moved the MREAT against the MahaRERA order and even the high court. However, after the High Court rejected the promoter’s appeal, attachment proceedings were initiated to recover a sum of more than Rs 1.3 crore.

Complainant Tajbar Aslam Saudagar, booked a flat in the project in 2013 and paid a sum of Rs 78,47,000, amounting to 90% of the total consideration, to the builder, who promised possession in 2018. While the promoter failed to handover possession of the flat, the promoter in August 2020 sold the same flat to a third party. Thereafter in May 2021, the complainant filed a complaint with MahaRERA and sought a refund of the amount paid along with interest. As the promoter did not bother to file its reply, MahaRERA proceeded with the matter ex-parte.

MahaRERA member Vijay Satbir Singh, in his order in February 2022, observed that the complainant had been cheated and that the promoter had also violated the said provisions of MOFA by accepting more than 20 percent of the amount without entering into an agreement for sale. MahaRERA directed the promoter to refund the entire amount paid by the complainant along with interest.

“As Mount Mary builders, a promoter of the project, failed to comply with the order, the complainant moved MahaRERA for non-compliance in July 2022. Following this, MahaRERA issued recovery warrants in August 2022 for the refund of an amount with the interest,” said Advocate Nidhi Singh, Partner of India Law LLP, who has represented the complainant.

Meanwhile, the developer approached Maharashtra Real Estate Tribunal (MREAT) against the MahaRERA order in March 2023. However, the MREAT rejected the promoter’s delay condonation application.

“While the District Collector reinitiated the revenue recovery proceedings, Mount Mary filed an appeal before the Bombay High Court challenging the MREAT order. Subsequently, the High Court passed an order granting interim relief subject to the appellant filing an undertaking stating that 50% of the total amount, as per the impugned order, would be deposited within a period of two weeks. Later, the promoter sought extension of time to file undertakings and tried to halt the execution by seeking extension. However, the Bombay High Court refused to list the matter, which paved the way for attachment of the promoter’s property that is a flat in Sonal Apartment at Charai, Thane West,” Singh added.

  • Published On May 28, 2023 at 03:55 PM IST

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