Status as on: 15/02/2021

The MahaRERA has restrained a developer from making any changes to a sanctioned plan without following the provisions given under Section 14 of the RERA Act. The order was made by the MahaRERA on January 28, where the authority had directed the builder to pay the complainant 9% Simple Interest on the Rs. 1 crore that was paid in April 2014 till handing over the possession of shops.

Statutory Provision under RERA:

Section 14 of the Real Estate (Regulatory and Development) Act, 2016 talks about “adherence to sanctioned plans and project specifications by the promoter”:

Section 14(1) of the Act clearly states that the project shall be developed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.

Also, Section 14(2)(ii) of the Act states that in case there is any alterations or additions  in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-third of the allottees, other than the promoter, who have agreed to take apartments in such building.

Facts:

1. The Complainant (allottee) had booked seven shops in the project and had paid near about 40% of the price and was promised possession by March, 2014.
2. The construction of the project was inordinate delayed by the developer and construction was not completed on timely manner.
3. Further, the Complainant also raised the issue that the Developer was modifying the plan without following the statutory provisions of the RERA Act, 2016.
4. However, the builder argued that Mhasa gave approval for reconstruction of the housing society with 320 members and the commencement certificate was received the next year.

Judgment:

MahaRERA authority has directed the builder to pay the complainant 9% Simple Interest on the Rs. 1 crore that was paid in April 2014 till handing over the possession of shops. Further, the Authority has stopped the builder to make any changes in the sanctioned plan without the approval of the 2/3rd buyer as given under Section 14 of the Real Estate (Regulatory and Development) Act, 2016.

Disclaimer – The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in