Updated On: 24 March, 2021 08:10 AM IST | Mumbai | Vinod Kumar Menon
Despite favourable rulings, flat buyers continue to suffer; they also pitch for forensic audit of escrow accounts to check diversion of funds

Developers often take advantage of time-consuming compliance processes to arrange for funds or complete the project
Amid a growing number of flat buyers moving MahaRERA for interest for delayed housing projects, there are concerns over poor implementation of its orders. While some experts say stringent action should be taken against erring developers, others feel a forensic audit of escrow accounts is the need of the hour.
Advocate Akash Menon, who practises in RERA, said, Section 40 of the RERA Act says that if a developer fails to comply with its order, then the amount “shall be recoverable from such developer in such manner as may be prescribed as arrears of land revenue”. He said, “In such cases, RERA issues a recovery certificate in favour of the allottee and directs the tehsildar to commence recovery proceedings against the developer. Additionally, the promoter is also liable to a penalty for every day during which such default continues which may cumulatively extend up to 5 per cent of the estimated cost of the real estate project as determined by the authority.”