MahaRERA Orders Relief To Nine Homebuyers Of Sahara Prime City Facing Delay Of Over 17 Years

Sahara Prime City, the real estate company of Sahara India Pariwar, is experiencing issues in completing its ongoing projects after the Supreme Court in 2013, prohibited all transactions of the Sahara group of companies and directed SEBI to control these transactions.

Background Facts

Homebuyers (Complainants) booked their respective flats in Sahara Prime City, Nagpur, Maharashtra. The total consideration for these flats ranged from Rs. 17.6 lakhs to Rs. 56.3 lakhs.

Many homebuyers were allotted flats through the execution of Agreements for Sale, while others received Allotment Letters. These agreements and allotment letters were executed between 2007 and 2010.

According to the letters and agreements, some homebuyers were supposed to receive possession from 2012. However, the project experienced delays, and homebuyers have yet to receive possession of their respective flats.

Therefore, being aggrieved by the delay, the homebuyers filed nine separate complaints before the authority seeking executuion of agreement for sale / refunds with interest / possession with interest for the delay. The authority clubbed these complaints for common adjudication.

Direction and Observation of Authority

The authority observed that homebuyers cannot be expected to wait indefinitely for possession of their flats. The Builder failed to provide any justified reasons for delay in handing over possession which lasted an unreasonable 17 years. Therefore, builder has violated Section 18 of RERA, 2016.

The authority also noticed that since the allotments were made over a decade ago and therefore, some original allottees might not be alive. In such cases, authority directed builder to transfer the flat to the respective legal heirs after certifying the relevant heirship documents.

In conclusion, authority directed Sahara to provide relief sought by the homebuyers which included Refund, Delayed Possession interest and Executuion of agreement for sale.

Case Title – Suresh Sadashio Parate Versus Sahara City Homes & 8 Other Complaints

Citation – Complaint nos. CC004000000030406 &8 Other Complaints

Date of Order – 14.10.2024