The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a warning to builders by disallowing the Covid-19 pandemic moratorium benefits for a promoter who violated the sanctioned plan. The MahaRERA directed the promoter to pay interest to a complainant for the period in question and emphasized the importance of adhering to approved plans and regulations. The case involved irregularities in construction, including unauthorized floors and offices, conversion of designated space, and deviations from the sanctioned plan's specifications. The order aims to ensure transparency and protect the rights of buyers while cautioning against misconduct in the real estate sector.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently issued an order that serves as a warning to builders, highlighting the consequences of violating sanctioned plans and taking advantage of the Covid-19 pandemic moratorium. The regulatory body disallowed the benefit of the moratorium for a promoter and directed them to pay interest to a complainant for the period in question.
According to Ajoy Mehta, the Chairman of MahaRERA, the benefits of the moratorium are intended for projects that adhere to the sanctioned plan. He emphasized that privileges and benefits should only be extended to entities operating within the boundaries of the law. This statement underscores the importance of following approved plans and regulations.
The specific case that led to this order involved the 'GSR Aanandam' commercial-cum-residential project, where the promoter failed to deliver a shop on the ground floor as agreed upon by December 2021. The complainant, seeking a refund with interest, expressed their desire to withdraw from the project.
Upon reviewing the case, MahaRERA found that the promoter had engaged in serious irregularities during the execution of the sanctioned plan. Notably, the promoter constructed a basement and an additional floor beyond what was allowed. Furthermore, five offices were built in the basement without obtaining any necessary approvals.
Additionally, the regulatory authority observed that the sanctioned plan indicated the presence of a society office, but it had been converted into a shop for sale. Furthermore, several shops within the project had encroached upon common open spaces, and the height of all the shops deviated from the specifications outlined in the sanctioned plan.
MahaRERA emphasized that a project's application for registration must include the sanctioned plan, layout plan, and project specifications approved by the competent authority. These documents form the basis for the execution of agreements for sale between the parties involved.
In this case, the promoter failed to adhere to the sanctioned plan, violating the fundamental aspects of the promoter-allottee agreement. Consequently, MahaRERA directed the promoter to refund the amounts paid by the complainant along with interest starting from January 2022. Notably, the moratorium benefits would not apply in this situation. The regulatory body also made it clear that the allottees should not be penalized for the misadventures or misconduct of the promoters.
This order by MahaRERA sends a strong message to builders and developers, emphasizing the importance of adhering to sanctioned plans and conducting projects in a lawful manner. It serves as a cautionary tale, highlighting the potential consequences for those who engage in irregularities and attempt to take advantage of the pandemic moratorium. By upholding the rights of complainants and protecting the interests of buyers, MahaRERA aims to ensure transparency and accountability in the real estate sector.
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