When a group of home buyers approached Maharashtra Real Estate Regulatory Authority, asking it, to be allowed to construct, complete and occupy the apartments as the builder is neither proceeding with the work of construction nor handing over possessions, their plea was dismissed. Reason being the section under which the complainants wanted the transfer to be done from builder to them only provided for the obligation of the developer in case of transfer of a project to third party. Housing experts say that complainants should have raised section 7, and proved unfair practices by developer and then asked for a transfer. Also the complainants had approached Civil Court against the developer for delay.
A group of home buyers under Royal Accord Welfare Association, who had purchased apartments in the project Royal Accord, Borivali, approached MahaRERA against the developer Anuradha Real Estate Developers Pvt Ltd. They alleged that the developer is neither proceeding with the work nor handing over the apartments in spite of continuous follow up. Therefore they prayed that apartment purchasers may be allowed to construct and complete the construction and occupy their apartments.
On the first day of hearing, the Counsel for the developer submitted that, the complainant has take up the same matter of delay in completion of the project, against the developer before another forum (City Civil Court). Therefore, the counsel prayed that the present complaint be dismissed as it is not maintainable.
In the next date of hearing, the counsel for the complaint submitted that the complainant has approached the civil court against the developer for violation of provisions of MOFA.