Maharashtra RERA has ordered that any complaint with regards to incomplete work after taking possession of their apartments will not be entertained.
MUMBAI: In an interesting development, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered that any complaint by homebuyers with regards to incomplete work after taking possession of their residential apartments will not be entertained.
This is expected to impact lakhs of homebuyers given the prevailing practice of taking possession of apartments even prior to the developer receiving the Occupancy Certificate for the project.
MahaRERA, while disposing off a complaint by members of Pune’s Balaji Infinity Society against a builder Anuj Developer, has held that their plea cannot be entertained as homebuyers have already taken possession of their apartments. “Since the complainants have already taken possession of their respective apartments, the complaint pertaining to incomplete works in their apartment cannot be entertained,” MahaRERA chairperson Gautam Chatterjee said in the order.
Occupancy Certificate (OC) for a newly constructed building is issued by local civic authority and it validates that the project is complete, has complied with the approved plan and is fit to be occupied by the residents.
As per regulations, a homebuyer can move into or occupying the new apartment only after OC has been received. However, there are thousands of residential projects in Mumbai alone that have been occupied since long despite not having received the OC.
The complaint was filed by the members of Balaji Infinity Society who had already taken possession of their apartments in the builder’s project Balaji Infinity in Pune, a long time back.
The complainants alleged that their apartment works were incomplete and the respondent has not provided amenities mentioned as per the brochure including porch, gym etc. They also mentioned about fire fighting entry and exit being sold for parking.
The respondent developer submitted that the company has completed work with respect to apartments handed over to the homebuyers. The developer also denied having done any illegal or unauthorized work in the project.
According to the developer, the company shall complete the project with completion/occupancy certificate and all the amenities, mentioned in its MahaRERA registration, as per the revised completion date of December end.
As regards the completion of the common areas and amenities is concerned, MahaRERA has directed the developer to complete them while completing the registered project.