Last month, the Maharashtra Real Estate Regulatory Authority (MahaRERA) directed developer Nirmal Lifestyle to refund INR 66 lakh to buyer Amrithanand Salian for failing to deliver a flat on time. Despite the absence of a specific possession date in the allotment letter, MahaRERA considered the project registration deadline (June 30, 2016) on its website as binding. This ruling underscores RERA's role in safeguarding homebuyers' rights, ensuring developers adhere to promised timelines. The case highlights the importance of due diligence in verifying project details and agreements to mitigate risks for prospective buyers in Maharashtra's real estate market.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a property developer, Nirmal Lifestyle, to refund INR 66 lakh to a buyer for failing to deliver a flat on time. This case, decided in June 2024, highlights the power of RERA in protecting home buyers' rights.
Amrithanand Salian, the buyer, had paid over INR 66 lakh for a flat in a project by Nirmal Lifestyle. The company, however, failed to hand over possession of the flat by the deadline listed on the MahaRERA website (December 2017). It's important to note that two other buyers who faced similar delays were unable to get relief due to a lack of proper documentation in their complaints.
Salian's successful case hinged on Section 18 of the RERA Act, which mandates a refund if a developer fails to deliver a property by the promised date. Interestingly, the allotment letter in this case did not mention a specific possession date. However, MahaRERA considered the project registration date (June 30, 2016) uploaded on the MahaRERA website as the official deadline. Since the project remained incomplete, with no completion certificate uploaded, MahaRERA ruled in Salian's favor.
MahaRERA Chairperson Ajoy Mehta stressed the importance of developers setting realistic project timelines based on proper due diligence. This ensures homebuyers have access to accurate information and can make informed decisions. In this case, the misleading completion date on the MahaRERA website and the lack of a specific date in the agreement put Salian at a disadvantage.
MahaRERA directed Nirmal Lifestyle to refund the entire amount paid by Salian, INR 66 lakh, along with interest, within 60 days. Additionally, Salian can file a separate application with the Adjudicating Officer seeking compensation for mental strain and harassment endured due to the delay.
This case serves as a crucial reminder for all homebuyers in Maharashtra. It's essential to check the project registration details on the MahaRERA website and understand the promised completion date. Furthermore, ensure the same date is clearly reflected in your sale agreement. RERA empowers homebuyers to hold developers accountable for delays and protects their hard-earned money. By understanding their rights and utilizing RERA effectively, homebuyers can navigate the real estate market with greater confidence.
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