Mumbai: If a builder fails to provide the promised view from a flat to a buyer, he will have to refund the money to the latter. The order has been passed by the Maharashtra Real Estate Regulatory Authority (MahaRERA). Incidentally, developers charge a certain percentage while promising a particular view from the booked flat.
The complainant Piyush Patel had booked a flat in the Xrbia Chakan Developers’ project in Pune in 2016. Mr Patel had sought a provisional allotment letter for the same.
The MahaRERA order stated, “The complainant alleged that the respondent had charged him a certain amount for the garden and amenities view, and because it was a corner apartment, however, the said view was no longer available due to another building coming up on the project site.”
The case was heard by Gautam Chaterjee, MahaRERA chairperson. During the course of the hearing, the developer accepted that the premium view had not been provided. He further agreed to subtract the collected amount for premium view from the total amount paid for the apartment.
The final order of MahaRERA stated, “In view of the above facts and as agreed between the parties, the respondent shall reduce the said premium from the consideration price of the said apartment since the said premium view apartment has not been delivered.”
Shirish Deshpande, chairman, Mumbai Grahak Panchayat, said, “If the builder has made a promise regarding premium location through advertisements or made a representation of the same while selling the flat, the authority can interfere.”
