Mumbai: The Mumbai Suburban District Collectorate has auctioned property of 'SSV developers and builders' to refund four aggrieved homebuyers. It is the first such case wherein aggrieved homebuyers are being refunded after auctioning of builder's properties after Maharashtra Real Estate Regulatory Authority (MahaRERA) ordered to attach the property concerned for failing to comply with the refund rules.
The Kurla tehsildar office managed to get highest quotation of Rs 1.62 crore for two units of office rooms, comprising a total of 833 square metres, owned by SSV developers in Krushal tower located near Amar Mahal Junction at Chembur. Earlier, the Collectorate sealed these two units and evaluated the reserve value of these properties for Rs 74.24 lakh each. Interested bidders can then bid above the reserve price. Accordingly, on Saturday, the officials managed to auction the properties for Rs 1.62 crore, said advocate Mohammed Sharif Dalvi, one of the homebuyers who filed a complaint against the builder in MahaRERA over breach of sale agreement by the developer.
The petitioner in the case was Dalvi, a homebuyer who purchased two flats in SSV developers' Vikhroli real estate project 'Lareina Residency' for Rs 65 lakh. However, the builder did sale agreement for only one flat stating other as 'resale property'. Later, it transpired that the agreement with the first buyer was not cancelled by the developer of the disputed flat. The complainant then decided to withdraw from the project and claimed refund of the amount paid with interest. Following this, MahaRERA adjudicating officer BD Kapadnis cited orders in December 2018 that if the developer has made any mistake or mischief, the homebuyer (complainant) cannot be made to suffer for it. In such circumstances, the developer cannot escape from their liability of refunding the complainants amount.