Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint filed by a home buyer regarding delayed possession and non-agreement of sale by the developer for project work. The RERA bench dismissed the complaint after observing that it was filed against an unregistered project. The complainant, Shubhangi Mirkar has booked an apartment in the project named Rashmi Star City located in Thane. In this project, the complainant had signed a Memorandum of Understanding (MoU) with the developer Rashmi Realty Builders Private Limited on May 31, 2012.
“The developer has failed to execute the registered agreement and hand over the possession of the apartment till date which was earlier committed to be December 2015. I need to cancel the booking of apartment and refund the money paid with interest by the developer,” said Mirkar.
The representative of the developer, R M Kadam said they did not receive the approval from the Competent Planning Authority for the project due to lack of environmental clearance. Kadam added the project could not be registered with MahaRERA due to these reasons.
The developer had already informed the complainant about the readiness to refund the cancellation amount or shift the complainant to another project which is nearing completion. Kadam argued the complaint is not maintainable as it is against a non-registered project.
The RERA bench after going through the reports observed the complainant had the complaint against an unregistered project and thereby dismissed the complaint. “The home buyer is not liable to receive the interest amount as the complaint against the said project was not registered with MahaRERA,” stated the order.
