MahaRERA Orders Builder To Apply For Extension, Complete Construction Of Project, And Hand Over Possession To Homebuyers

Background Facts

The Complainant is a Cooperative Housing Society representing 44 homebuyers of the "MARVEL AQUANAS" project. They contend that the Builders (Respondents) failed to provide basic amenities and a livable environment despite their obligations. An audit in April 2018 revealed significant discrepancies between the Builders commitments and their delivery. The Builders also prevented the Complainant's members from conducting a site survey.

The Complainant filed a Conveyance Application, which was allowed on 14.10.2020, resulting in a Sale Deed executed on 20.10.2020. However, the Builders challenged this order, and the Bombay High Court directed the parties to maintain the status quo. Despite multiple extensions, the project has shown negligible progress, and the Builders have not delivered possession.

The Complainants have initiated various complaints against the Builders for not completing the project and not handing over possession as per their agreements. According to the Complainants, a penalty interest of Rs. 33,70,00,000/- is due for the delay in handing over possession.

Despite multiple extensions, the Builders have made no significant progress. Aggrieved by the delay, the Complainant filed a complaint before the Authority seeking relief under Sections 7 and 8 of RERA, 2016.

Observation and Direction by Authority

The Authority observed that it may revoke the registration granted under section 5 of RERA, 2016 upon receiving a complaint and being satisfied that the promoter defaults in fulfilling requirements under the RERA, violates approval terms, engages in unfair or fraudulent practices, or if the project has lapsed.

Furthermore, the Authority observed that according to the documents uploaded by the Builders, it is clear that the project remains incomplete, and the project registration lapsed on 31.03.2024 without any steps taken for an extension. The delay in handing over possession with the Occupancy Certificate (OC) by the Builders s constitutes a violation of RERA, 2016.

Therefore, the Authority directed the Builders to apply for an extension of the project and to complete the construction of the sold flats. Furthermore, the Authority directed the Builders to apply for the Occupancy Certificate from the competent authority and prohibited them from selling any further units until possession is offered to the existing allottees.

Case - Marvel Aquanas Co-Operative Housing Society Ltd Versus Marvel Realtors & Developers Limited and Others

Citation - COMPLAINT NO. CC005000000269342