Only registered projects to come under MahaRERA

Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) declined to intervene in a complaint against a developer who had forfeited the booking of a flat by the complainant, as he had failed to pay the monthly EMI instalments. The authority said that as the developer had already completed the project, in which the complainant’s flat is located, and had already acquired the Occupancy Certificate for it, MahaRERA had no jurisdiction on it and thus dismissed the complaint.

A full bench consisting of MahaRERA chairman Gautam Chatterjee and members Dr Vijay Satbir Singh and B.D. Kapadnis was hearing complaints by Prasad Patkar who had booked a flat in the B-wing of Runwal Elegante at Andheri (west) and had paid a consideration amount too. In his complaint, he said that while there were three towers of Runwal Elegante, the developers had registered only one of them with MahaRERA as they had already received the OC for the two other towers.

Mr Patkar further contended that when he had asked the developers to furnish the approvals and permissions for his inspection, the developer had sent him a letter intimating him that on his failure to make payment of the remainder consideration, he would be liable to penal interest. He also contended that on September 20, 2017, the developer terminated his agreement for failure to pay the remaining instalments and intimated that the initial amounts of consideration have been forfeited. He sought MahaRERA’s intervention.

However, the developer contended that as the tower in case was not registered with MahaRERA, hence it had no jurisdiction to adjudicate on the matter. The bench after hearing the contentions concurred with the developers claim and said, “…occupancy certificate has been issued by the competent authority. Whether it is issued properly or improperly by the said authority is not the issue which can be gone into by MahaRERA especially when the complainant has approached the proper forum in this regard.” The bench further said, “MahaRera gets jurisdiction to entertain only those complaints which relate to a registered project. So far as the locus standi of the complainants is concerned, their flats are situated in a tower not registered with MahaRERA, not under its jurisdiction.