Justice to be served wherever the issue relates to. MahaRERA is leading ahead in proper implementation of RERA regulations. The authority has given many landmark judgments and rulings provided justice to the aggrieved parties. Recently, MahaRERA sets an example proving itself by delivering a firm decision in favor of the Justice. Under this, it also indirectly appreciates the enforcement of RERA. It was stated that the developer had produced false information while registering project with MahaRERA.
“The developer had signed an agreement with the members of the housing society in August 2009. The project was set to be completed within 18 months of the agreement signed by the developer. The developer had mentioned an unreasonable date of completion of redevelopment work in December 2025,” as said by the complainant.
Below explained analysis of the issue makes the reader to understand the given Order by the Authority better.
Issue – the RERA laws was made effective from 01/05/2017. Along-with new project, all on-going projects which have not received the completion certificate were also required to get registered with RERA authority of respective State. Since default under RERA attract heavy penalties, some of the on-going project put unjustified date of completion for RERA registration which in consequences, delayed the project beyond the date given in the agreements.
Complaint – Aggrieved by the un-justified completion date, the buyer files the complaint before MahaRERA to – as follows,
- To disallow the revised completion date mentioned by the respondent while registering the project with MahaRERA.
- To cancel/revoke the registration for furnishing false information and take action for various irregularities and fraudulent practices.
- To direct the MCGM to regularize irregularities by imposing fine on the respondent and lo grant occupancy certificate of the building if it is structurally strengthened or to vacate the building immediately in the interest of all concerned.
- To direct the respondent to pay Rs. 10,000/- (Rupees Ten Thousand only) as expenses for filing the complaint in MahaRERA for cancellation of MahaRERA registered project bearing No. P5l800005722.
Also, the complainant has stated that the respondent while registering the project with MahaRERA has submitted false information, regarding address of his company, total FSI consumed, Society’s shore, numbers of covered parking, carpet area etc., He had also guaranteed 100% water supply to the said project. Due to failure in fulfilling the commitments mode by the respondent, the complainant has prayed for cancellation of MahaRERA project registration certificate issued. The complainant further stated that the revised completion date mentioned by the respondent is unreasonable and the construction by the respondent was not as per the sanctioned plan by the competent authority. Hence, the complainant requested not to accept the revised completion date.
Respondent – Has denied the contentions raised by the complainant stating the following.
- The complainant is represented by her son, Mr. Nitin Dharap, who is a habitual complainant and he has filed several cases against him including Consumer Court, Legal Metrology Department, Additional Metropolitan Magistrate 27th Court, Mulund etc., Though the possession of the flat was not given to the complainant, he entered into the premises and conducted the measurement of the flat and filed frivolous complaint against the respondent.
- The respondent has constructed the building as per the approved building plan by MCGM attached to the agreement executed by the respondent with the complainant on 30-l2-2009.
- The MCGM has initiated action under Section 53(1) of MR & TP Act, 1966 and the same is still pending.
- Whatever information submitted by the Respondent with MahaRERA is not misleading or incorrect.
- The respondent has given completion date as 31-12-2025 since the criminal cases that were filed by the complainant may take quite some time to resolve. The building is ready in all respects since 2012 but, due to some reasons which are beyond the control of the respondent and also due to non-availability of the construction material, the project got delayed.
- All points raised by the complainant in this complaint are contended before the State consumer Redressal Forum and pending for decision. Even in that proceeding, an interim order dated 05-12-2017 has been passed by the forum and the respondent is bound to comply with the same.
In addition to this, the respondent has filed written undertaking on record of this Authority stating that the respondent will rectify the proposed completion date mentioned in MahaRERA registration from 3l-12-2025 to 31-12-2018 and he will submit online application for the said correction.
Order Concluded as followed,
Considering the rival submissions made by both the parties, the Authority felt that by filing this complaint, the complainant has challenged the alleged irregularities committed by the respondent while implementing the said project. However, this Authority was not competent to entertain such disputes and the State Consumer Redressal Forum has already dealt with such grievances of the complainant. The order passed by the said forum is binding upon both the parties.
With regard to the information uploaded by the respondent at the time of MahaRERA registration, the complainant has not submitted any cogent documentary proof to show that the said information is incorrect. With regard to the revised completion date mentioned by the respondent for MahaRERA registration, the respondent has filed on undertaking on record of this Authority stating that he will make necessary corrections and change the date from 31-12-2025 to 31-12-2018.
This is considered as a genuine decision by the bench as it creates a certain level of fear among the other developers. Which could be a great cause to prevent the other developers from misrepresenting in the agreement with intension.
Creating these sort of mala fide intension is only because of the lack of fear towards the law and order. It is necessary to maintain the discipline mainly when it comes to the matter of money. That to customer satisfaction must be taken as the nutshell of the business, if not, this tends the party to lose his clients and the clients loses the hope over law and order. And even this may result in degradation of that specified business.
Here, the Real Estate industry is being governed under Real Estate (Regulation and Development) Act, 2016 where the above mentioned decision of the specified case was given under this act. RERA came to the light mainly because of the irregularities have been spread throughout the Real Estate industry. RERA regulates and forces the Real Estate players to maintain the dignity of the Real Estate business as this field is considered as one of the evergreen business upon which the profit is shared mutually (both – buyer and seller). Hence it is the duty of the persons indulging into the business to work for the credit for himself and also for the growth of the industry.