MAHARERA fines builder for not reg­is­ter­ing sale deed

DNA (Daily News & Analysis) Mumbai Edition - - FRONT PAGE - Varun Singh [email protected]­dia.net

The MAHARERA re­cently fined a de­vel­oper for not reg­is­ter­ing the sale agree­ment with a buyer. Dur­ing a hear­ing, MAHARERA found that even af­ter 10 years, the de­vel­oper hadn’t reg­is­tered the agree­ment although he had ac­cepted 10 per cent of the to­tal con­sid­er­a­tion. The body pe­nalised the de­vel­oper and asked him to pay Rs 1.5 lakh to MAHARERA for the vi­o­la­tion of sec­tion 13 which makes it manda­tory to reg­is­ter the agree­ment once the buyer has paid 10 per cent amount.

Com­plainant Man­ish Bhag­tani ap­proached MAHARERA seek­ing di­rec­tions again Ghan­shyam Properties to ex­e­cute the reg­is­tered agree­ment for sale un­der sec­tion 13 of the RERA act. He wanted this for the of­fice premises he had booked at Link Plaza in And­heri.

Bhag­tani claimed that he had booked the of­fice for a to­tal con­sid­er­a­tion of Rs 15.99 lakh and till date had paid the en­tire amount. The de­vel­oper had is­sued an al­lot­ment let­ter but not reg­is­tered

the sale agree­ment. Bhag­tani claimed that with­out ob­tain­ing OC the de­vel­oper had is­sued the fit out pos­ses­sion of the of­fice premises in May 2018.

The de­vel­oper ar­gued that Bhag­tani’s com­plaint should be dis­missed since it is not filed in the proper for­mat and in the al­lot­ment let­ter no date of pos­ses­sion was men­tioned. The de­vel­oper men­tioned that there was no in­ten­tional de­lay on his part in ob­tain­ing OC.

MAHARERA ex­am­ined the ar­gu­ments by both the par­ties and found the com­plainant is an al­lot­tee in the project and he booked the premises in July 2007 and paid sub­stan­tial amount to­wards the cost of the premises. MAHARERA found the de­vel­oper li­able. In his or­der Dr Vi­jay Sat­bir Singh, mem­ber MAHARERA said that the de­vel­oper did not jus­tify rea­son for non-ex­e­cu­tion of agree­ment with the com­plainant.

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