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End User Takes MahaRERA To The Court In Mumbai Over Developer Not Enrolled With It

Requester says the real estate party is refused to consider the complaint against project developer not enrolled with it. An injunction petition looking for direction to the MahaRERA for taking proper action against every unregistered project including gated communities, villas, bungalows or residential flats in Maharashtra which are being promoted still without being enrolled, arrived to hear before the Bombay High Court’s division bench on Monday. The petitioner named Mohammed Zain Khan has moved a petition in opposition to the project development team named M/s Emnoy Properties India that in the year of 2012 marketed non-agricultural bungalows scheme and bungalow plots known as Valvan Valley. It is actually spread over two hundred acres at Lonavala.

Zain Khan is purchased non-agricultural plot sizing 22,000 sq feet at Valvan Valley in the month of August 2012. When he knows that a land title of a developer is mired in the litigation in 2015, so Khan asked for the cash back.  However, the developer guaranteed an alternative plot at Lions Valley located in Lonavala. But, they failed to maintain their promise.

He claimed that M/s Emnoy Properties India is discarded the midway project of Valvan Valley and is currently jointly marketing/promoting, selling Lions Valley project located in Lonavala with some other developer named Rio Luxury Homes. In addition, Emnoy Properties are not enrolled Lions Valley project as required under MahaRERA.

Khan stated that “I documented a complaint about the non-registration of project developments with RERA that they refuse to divert.  Thus, by the writ petition, I am looking for the direction to the RERA for ensuring the registration of every unregistered project developers and for registering Valvan Valley and Lions Valley projects”.

Court says

The issue arrived for hearing on Monday before justice N W Sambre and Justice S M Kember who announced notice as well as directed MahaRERA as well as the government of Maharashtra to file the relies on exactly how the action is taken under the RERA regarding unregistered project developments.

Nilesh Gala who is an advocate argued before the justice told that “The HC guided the leader of government to file the reply before the next hearing date that is 11th July. Also, the court asked these advocates who are representing the MahaRERA and state government who they are proposing for formulating policy and procedure for the unregistered project developments and consider complaints under the Act for protecting the consumer rights”.

“Under MahaRERA, my client has to file a complaint online, for that the project developed is to be enrolled with MahaRERA, without that no complaint is considered. Hence, a petitioner had to progress HC”, added by Gala.

Petitioner says

MahaReRA does not act on the complaint about the project non-registration and also despite complaints there is no valid action is taken in opposition of the project development that is constructed and sold/marketed without the MahaRERA registration, stated by Zain Khan.

He also told that it appears the MahaRERA does not has any proper mechanism for dealing with the objections of project non-registration by the public as a requester is only offered a guarantee by the MahaRERA department which action is taken in opposition of the developer. The MahaRERA never explains what kind of action the team can take.

“My client told that the non-availability of an ideal procedure is communicated to complainants, the duration to decide the complaints of every non-registered project directed justifiable questions are raised in opposition of MahaRERA for not clearing its actions under the Real Estate Development and Regulation Act,” told by Advocate Gala.

The case

Khan purchased a ½ acre N.A plot at Valvan Valley in Lonavala during August 2012 when his mother purchased ½ acre N.A. Bungalow plot for Rs 55 lakh. Both of them jointly paid about 12.5 lakh of cash and also received an allotment order on 28th August 2012.  The remaining amount is made based on the completion of project development. When he visited the project site in the month of August 2013, Khan was shocked to notice because there is no indication of project construction.

When he asked the project developer, Khan requested for certain time duration as a delay in getting N.A approval from Collector. After that, following the repeated requests, the project developer opts for Sale Agreement on 3rd February 2014. He states that the project developer revised the target deceitfully top hand over the possession by 2 years of time duration.  After constant follow-ups, the project developer said khan regarding Lions Valley at Lonavala wherein the project developer offered 4 N.A. plots for 42.5 lakh that Khan accepted accordingly. Though, when the project developers failed for providing the smaller plots, he filed a complaint before Consumer Dispute Redressal Commission of the State

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