MahaRERA directs Siddhitech Developer to reduce flat cost for carpet area shortfall
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Siddhitech developer to reduce the flat cost after a home buyer complained that she was given a lower carpet area than what was promised when the flat was booked.
Home buyer Suchita Upadhyay had complained to MahaRERA that she had booked an apartment (flat number 2701) in the 39-storey tower Siddhi Samarpan in Borivali West in December 2015. She said the developer mentioned a carpet area of 875 sq ft in the agreement, but on their own assessment, the carpet area was found to be 646.6 sq ft.
During the hearing, the developer Siddhitech group said the carpet area of Upadhyay’s apartment is 806 sq ft and the same information was uploaded on MahaRERA website during registration. The developer agreed to adjust the relevant amount from the total Rs 13 lakh due from Upadhyay for the shortfall of 69 sq ft. “Further, the respondent should demand the balance amount from the complainant, after adjusting this amount, only at the time of handing over possession of the apartment,” adjudicating officer Gautam Chatterjee said in his order.
In two separate orders, Chatterjee, who is also the chairperson of MahaRERA, directed two developers to promptly execute registered agreements for sale for the home buyers.
Sumitra Buildcons Pvt Ltd had lodged a complaint with MahaRERA against Conwood Realty Pvt Ltd that though it paid nearly 50 per cent of the total flat cost for five apartments it purchased in the 33-storey Conwood Enclave in Vasant Vihar, Thane in 2009, the developer had only given allotment letters and failed to execute the registered agreements for sale.
During the hearings, the developer said that the commencement certificate (CC) for higher floors of the project was yet to be obtained and according to the practice in Thane, the registered agreements for sale can be executed only after CC is issued. The developer, however, offered to refund the investments made by the buyers if they wished to withdraw from the project. Sumitra Buildcon’s representative Ramkishor Gupta insisted that they wished to continue in the project, and insisted that the agreements be executed.
Chatterjee then asked the developer to execute the agreements as per section 13 of RERA within 45 days after the CC is obtained. “No demands for payments to be raised by the respondent till the execution of the agreements, as the complainant has already made payment of 50 per cent of the consideration amount,” he said in the order.
In another case, he also directed ITMC Developers Pvt Ltd, the promoters of Sapphire I project in Vikhroli, to sign the registered agreements for sale on or before December 31, 2017 with a possession date of March 31, 2019.
Home buyer Krishna Kumar Neduguil had complained that though he had paid substantial amount to book an apartment in the project in January 2014, the developer had changed the possession date from December 2016 to December 2017, and finally March 31, 2019 during registration on the MahaRERA website, without executing a registered agreement. During the hearing, the developer explained that the delay was due to reasons beyond his control and promised to complete the project, with the occupancy certificate, before the deadline of March 31, 2019.
By Satish Nandgaonkar for ET.
Home buyer Suchita Upadhyay had complained to MahaRERA that she had booked an apartment (flat number 2701) in the 39-storey tower Siddhi Samarpan in Borivali West in December 2015. She said the developer mentioned a carpet area of 875 sq ft in the agreement, but on their own assessment, the carpet area was found to be 646.6 sq ft.
During the hearing, the developer Siddhitech group said the carpet area of Upadhyay’s apartment is 806 sq ft and the same information was uploaded on MahaRERA website during registration. The developer agreed to adjust the relevant amount from the total Rs 13 lakh due from Upadhyay for the shortfall of 69 sq ft. “Further, the respondent should demand the balance amount from the complainant, after adjusting this amount, only at the time of handing over possession of the apartment,” adjudicating officer Gautam Chatterjee said in his order.
In two separate orders, Chatterjee, who is also the chairperson of MahaRERA, directed two developers to promptly execute registered agreements for sale for the home buyers.
Sumitra Buildcons Pvt Ltd had lodged a complaint with MahaRERA against Conwood Realty Pvt Ltd that though it paid nearly 50 per cent of the total flat cost for five apartments it purchased in the 33-storey Conwood Enclave in Vasant Vihar, Thane in 2009, the developer had only given allotment letters and failed to execute the registered agreements for sale.
During the hearings, the developer said that the commencement certificate (CC) for higher floors of the project was yet to be obtained and according to the practice in Thane, the registered agreements for sale can be executed only after CC is issued. The developer, however, offered to refund the investments made by the buyers if they wished to withdraw from the project. Sumitra Buildcon’s representative Ramkishor Gupta insisted that they wished to continue in the project, and insisted that the agreements be executed.
Chatterjee then asked the developer to execute the agreements as per section 13 of RERA within 45 days after the CC is obtained. “No demands for payments to be raised by the respondent till the execution of the agreements, as the complainant has already made payment of 50 per cent of the consideration amount,” he said in the order.
In another case, he also directed ITMC Developers Pvt Ltd, the promoters of Sapphire I project in Vikhroli, to sign the registered agreements for sale on or before December 31, 2017 with a possession date of March 31, 2019.
Home buyer Krishna Kumar Neduguil had complained that though he had paid substantial amount to book an apartment in the project in January 2014, the developer had changed the possession date from December 2016 to December 2017, and finally March 31, 2019 during registration on the MahaRERA website, without executing a registered agreement. During the hearing, the developer explained that the delay was due to reasons beyond his control and promised to complete the project, with the occupancy certificate, before the deadline of March 31, 2019.
By Satish Nandgaonkar for ET.
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