COMPLAINANT GETS RERA RELIEF Informs developer to file affidavit on amenities’ offer
The Maharashtra Real Estate Regulation Authority (MahaRERA) provided relief to a complainant by directing a developer to file an affidavit stating to provide necessary amenities as per the agreement signed with the complainant. This comes after the complainant filed a complaint relating to no amenities including no road access, compound wall in the building and against providing flat possession without obtaining Occupancy Certificate (OC). The complainant Kirit Soni had purchased a flats having a measurement of 568 square metres carpet area in Gaurav Asher located in Mira Road (east).
Soni also purchased a plot measuring 4380 square meter in Godbandar Road in Thane. These flats were purchased by an agreement of sale dated on January 30, 2012 with the developer Ravi Developments.
The complainant argued before the authority that the developer had given the possession of the said flat and other occupants in the said building in 2014 without obtaining OC from Mira Bhayandar Municipal Corporation.
“The building in Gaurav Asher consists of three wings upto 16 floors. The developer has completed the building upro 10 floors and has not obtained the commencement certificate for five upper floors. Also, the developer has not provided us with the amenities as mentioned in the agreement,” said Soni.
The complainant also said the developer is liable to pay compensation to the complainant as it has failed to provide proper road access to the said building. “There is no compound wall constructed for safety and it has also failed to form a society of the occupants residing upto 10 floors of the building,” added Soni. The representative of the developer, Advocate Makarand Raut filed an affidavit showing his willingness to complete the work.
In the affidavit, it was mentioned that the developer would open a separate bank account in the name of the complainats proposed society and would register a co-operative housing society within a period of one month from the date of disposal of complainant.
It was also mentioned that it would undertake the work of constructing compound wall surrounding the complainant’s building within one month from the date of disposal of complainant.
In addition to these, the developer further explained the reason of delay in obtaining OC by stating that the matter is pending before the High Court.
The RERA bench thereby accepted the undertaking submitted by the developer and directed him to adhere to the commitments stated in the affidavit. It also directed the developer to pursue the matter before the High Court for purpose of obtaining OC.