Mumbai: In a major relief to a home allottee, Maharashtra Real Estate Regulatory Authority (MahaRERA) directed a developer to complete a real estate project by obtaining the Occupational Certificate (OC) by December 31, 2018. The RERA bench acted on a complaint of a home allottee regarding non issuance of OC by a developer even after handing over the flat to him.

The complainant Ramdas Vetal had purchased a flat in a project named ‘Satyam Shreya’ located in Pune. The developer Vijayalaxmi Infra Realtors LLP had completed the construction of the project work in November 2014 and handed over the apartments to the home buyer in 2016.

“The developer has not obtained the occupation certificate from the competent authority. Also, the developer mentioned the revised project date completion as December 2023 on the MahaRERA website,” said Vetal.

The complainant also alleged that the developer had not constructed the project as per sanctioned layout plans. “The apartment does not measure as per the areas mentioned in the respective agreements and the actual area of the apartment is lesser than the area mentioned in the agreement,” added Vetal. The complainant also alleged that the developer failed to form the co-operative society for the allottees even after majority of them booked their apartments. A Right To Information query also revealed that the project was not as per the sanctioned plans.

Hence the complainant prayed that the developer be directed to obtain occupancy certificate from competent authority, to form co-operative society of the allottees. Similarly, the complainant also prayed that the developer be directed to pay him interest at the rate of 24 percent per annum on the amount of consideration paid by the allottees. The developer was not present during the hearing and the complainant was represented by advocate Saurabh Sudhir.

During the course of the hearing, RERA bench explained to the complainant that provisions of section 18 of the Real Estate (Regulation and Development) Act,2016 would not apply to the present case as the complainant had already taken possession of his apartment.

The bench also stated that the complainant are required to inform the competent authority to take action against the developer for any irregularities in the sanctioned plan. The bench also observed that the developer has put December 2023 as the revised proposed date of completion even after completing 98 percent of the project work.

“As per the provisions of the Rule 4 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules of 2017, the revised date of possession for an ongoing project has to commensurate with the extent of balance development and therefore the revised timeline stated by the developer is unreasonable,” stated the order.

Thereby, the bench directed the developer to complete the project by obtaining OC before the period ending December 31 2018. The bench also directed the developer to initiate the process of formation of co-operation housing society within 30 days from the date of the order.

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