Mumbai: Possession date in RERA portal enough to collar builders

MahaRERA has decided to consider a developerrsquos possession date stated on the MahaRERA portal especially in cases where possession date is absent in the allotment letter This has given hope to flat buyers who only have allotment letters and no formal sale agreementsAccording to the complaint filed before MahaRERA allottees booked flats in an upcoming project by Ms Sahajanand Developers at SV Road Goregaon and found themselves in a predicament holding prendashMahaRERA allotment letters preJune 2017 These allotment letters did not specify possession dates and each time allottees requested a registered agreement the developer allegedly demanded additional payments As of now the building remains unfinished and flat agreements have not been executedldquoIn this case MahaRERA admitted the Complaints and asked the builderdeveloper to honour the Possession date that the builder developer himself had given to MahaRERA 31 December 2019 And as the developer failed to give possession of the said flat within the said time period 31 December 2019 MahaRERA allowed interest payable from 1 January 2020 till date and continued up to actual possession in its order dated January 5rdquo Advocate Anil Drsquosouza Secretary Bar Association of MahaRERA Advocates who represented some of the complainants saidThe complaintThe complainants in this case were issued allotment letters by the Respondent Ms Sahajanand Developers for the proposed building known as Siddharth Nagar Gurukul CoOp Hsg Society Ltd The allotment letters did not specify designated flat numbers for complainants at Sr Nos 1 to 8 though some indicated the floor numbers Despite receiving part payments exceeding 2037 of the total consideration the Agreement for Sale AFS for these complaints had not been executed and registered by the RespondentThe projectrsquos name underwent a change during MahaRERA registration from Siddharth Nagar Gurukul Coop Hsg Society Ltd to AristaProject name changedThe projectrsquos name underwent a change during MahaRERA registration from ldquoSIDDHARTH NAGAR GURUKUL COOP HSG SOCIETY LTDrdquo to ldquoARISTArdquo Additionally a complainant who booked two flats received only one allotment letter leading to a single complaintForensic evidence submittedThe Authority noted that one complainant Sr No 3 submitted a brochure indicating a possession date of 2013 backed by an audio authentication report issued by Bombay Forensic under Section 45A and 65B of the Indian Evidence Act However the Respondent submitted a subsequent allotment letter dated November 12 2020 mentioning a possession date of June 30 2022 for a flat on the 10th floorOther sideThe Respondent in its submission argued that the complainants were investors as the allotment letters did not specify an identifiable flat and lacked a completion date or an agreement for sale The delays were attributed to environmental clearance requirements changes in planning authority and the personal health of the promoter The Respondent also cited force majeure including the impact of COVID19 as mitigating circumstancesMahaRERA observationMahaRERA expressed displeasure at the Respondentrsquos actions emphasising that despite registering the project with MahaRERA post the RERA Actrsquos advent and having knowledge of its provisions the Respondent refrained from entering into an Agreement for Sale with the complainants at Sr Nos 1 to 8The Authority clarified that even if the allotment letters issued by the Respondent were preRERA they still fall under the provisions of the RERA Act given its retroactive natureNo evidence on recordFurthermore the Respondent has not presented any evidence to show that the Complainants from Sr Nos 1 to 8 are investors and not allotteesThe MahaRERA Project registration website containing information disclosed and timely updated by the Respondent does not reflect the names of any of the Complainants at Sr Nos 1 to 8 as investors or landowners Therefore the Authority recognises the Complainants at Sr Nos 1 to 8 as rightful allottees or homebuyers and concludes that the Respondentrsquos contention of the Complainants at Sr Nos 1 to 8 being investors is vague and unfounded with an intention to evade the clutches of the law Thus considering the aforementioned observations and the provisions of the said Act the Complainants at Sr Nos 1 to 8 can seek a remedy under section 13 of the said Act The Respondent is directed to execute and register the agreement for sale for each of the Complainants at Sr Nos 1 to 8 hereinMahaRERA OrderAjoy Mehta Chairman MahaRERA after considering the aforementioned observations and provisions of the said Act the materials placed on record the facts of the case and submissions made by the Parties allowed parties mentioned in Sr Nos 1 to 8 to claim relief under section 13 of the said ActThe order further reads ldquoThe Respondent is hereby directed to execute and register the Agreement for Sale in the name of Complainants at Sr Nos 1 to 8 in accordance with terms and conditions of the allotment letters issued to them within 60 days from the date of this order thereby strictly adhering to the provision of the said Act Failing which the Authority shall be constrained to levy a penalty against the Respondent under section 61 and 63 of the said Actrdquo1 Jan 5 Jan 2020Duration MahaRERA is allowed for interest payable