MahaRERA appoints architect to ascertain amenities in Thane project

The housing society had sought relief for allocation of various amenities from the municipal corporation, and sought over Rs 20 crore in refunds

Satish NandgaonkarUpdated: Sunday, February 20, 2022, 08:34 AM IST
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Intervening in a dispute over common amenities between the promoter and a co-operative housing society in Thane’s Amara project, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed both parties to appoint a registered architect to inspect and ascertain the amenities as per sanctioned plans and the agreement for sale with flat buyers and submit a report to the housing regulator. It said both parties have to pay equally for the expenses and complete the exercise within two months.

“The report inter alia must mention amenities promised in the agreement for sale, against amenities approved in the sanctioned plan and the amenities actually provided shall be noted clearly,” MahaRERA chairperson Ajoy Mehta said in an 11-page final order dated February 15. A complaint was filed by Casa Fresco A to E Co-operative Housing Society Ltd against the promoter Macrotech Developers Ltd.

The society had sought relief from MahaRERA for allocation of permanent car parking space, demarcated visitor parking, permanent two-wheeler parking space, lifts from premium brands, water connection from Thane Municipal Corporation, among others, and sought over Rs 20 crore in refunds to the society and damages. Advocate Nilesh Gala appeared for the complainants.

The promoter contended that car parking had been provided on lower floors as occupation certificate (OC) for higher floors has not been received. The developer said the environment clearance has been obtained for the project as a whole, and two wheeler parking space will be provided subsequently. Regarding sports, the promoter contended that all facilities have been provided, only the locations may have changed. Regarding leakages, the promoter contended that a third party was appointed to identify defects and rectify them. Advocate Anusha Jegadeesh appeared for the promoter.

After hearing both the parties, MahaRERA chairperson observed that the dispute pertains to amenities and the infrastructure to be provided as per the sale agreement, which remains vague as to when exactly in the life of the project the amenities would be provided.

He said there are two types of amenities – one without which occupation itself is not possible and second which do not hinder occupation, but are necessary for quality of living. He said since the OC is in place, he assumed that the planning authority had ensured that all amenities necessary for occupation had been provided. As far as the other common area amenities are concerned, home buyers have not tied the promoter by a timeline in the agreement, and those will have to await the completion of the project.

“In this context, it would be important to have amenities on the ground ascertained by a qualified professional,” Mehta said, rejecting the damages and compensation reliefs sought by the society on the ground that the calculations for damages were not supported with documentary evidence.

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