Seven flat buyers in Mulund project get MahaRERA relief

Hundreds of flat buyers who had paid for their dream homes at three multistorey projects in Mulund West have been left in the lurch after work on the towers got stuck since last few years If it was lifes savings for some others are saddled with EMIsThe incomplete Zircon project in Mulund WestLaunched by Ms Nirmal Lifestyle Limited the highrises were Zircon and Turquoise each with 39 floors and 30storey Amethyst on the LBS Road A ray of hope shone for a few flat buyers of Zircon after they recently got a favourable order from MahaRERAThe complaintAdvocate Godfrey Pimenta who represented seven flat buyers said the developer didnt hand over the apartments to his clients in Zircon as agreed compelling them to seek interest on their investment They had paid between Rs 59 lakh and Rs 15 crore ldquoIt is unfortunate that the flat buyers have to run from pillar to post for having invested all their lifersquos savings trusting a developer But years later the flat buyer learns that his trust has been betrayed and his dream home remains a dream foreverrdquo said PimentaShyam Chandragiri one of the litigant buyersRespondents argumentThe developer represented by Advocate Vaishali More said they applied for the occupation certificate on June 14 2019 which is awaited It cited a memorandum of understanding of July 27 2018 saying the buyers had agreed for a monthly rent of Rs 30000 from December 1 2017 till June 1 2018 the possession date Disagreeing with the interest demand it also said the project got delayed for want of sanctions and amendments to Development Control Regulations DCR with effect from 2012 It even pointed to the reasonable extension of time for delivery clause and requested to dismiss the complaintMahaRERA observationsIn his 5page order B D Kapadnis MemberII of MahaRERA said the complainants had booked the flats in 2011 and there was no way the developer could justify the delay for so long ldquoThe respondents were bound to hand over the possession of the flats within the grace period of six months as per MOFA but they have failed to do so Hence in these circumstances the complainants are entitled to claim interest at prescribed rate on their investment from the agreed date of possession us 18 of RERArdquo Kapadnis further said in the order that the complainants were made to believe that the possession of the flats would be given on or before June 1 2018 ldquoThe complainants complain that the respondents have not paid the rental and that they were also not handed over the possession of the flat on the agreed datesrdquo In his last observation Kapadnis said ldquoThe respondent has not disputed the fact that complainants have paid them the consideration of their flats as stated in the complaintrdquoMahaRERA OrderThe respondent shall pay 9 per cent interest to the complainants on amounts paid on or before the dates of possession mentioned in the complaint from those dates on sums paid subsequently from the dates of their payment till handing over the possession of the flats with agreed amenities and the occupation completion certificate said MahaRERA Nirmal also has to pay Rs 20000 to each complainant towards the cost of filing the complaintlsquoInvested our retirement fundsrsquoldquoThis was to be my first dream home my selfowned property in Mumbai ndash flat no 2401 said Shyam Chandragiri 66 a retired RCF official who had booked a twoandhalf BHK of 780 sq ft carpet for R98 lakh He was to get the flat in 2013 ldquoI and my wife a retired school teacher had invested our retirement funds of R50 lakh and took a loan for R48 lakhrdquo Chandragiri said While he was paying an EMI of Rs 48000 his son repaid nearly Rs 35 lakh ldquoI still pay EMI towards the balance housing loan of R13 lakh taken for a flat I am awaiting my possessionrdquo he said Today Chandragiri stays in a rented flat in Chembur and pays Rs 30000 a month for the accommodationChandragiri said the builder had promised to issue monthly credit notes to be adjusted against the balance money for the flats if he failed to hand over the possession by December 2017 ldquoHe continued adjusting it until September 2018 but then stopped even issuing any credit note The project is almost over 85 per cent ready The balance work remains incomplete even todayrdquo he said Despite the MahaRERA order in favour of the seven flat buyers he is still skeptical ldquoThe moot question is will the developer honour the same the order We will need to wait and seerdquo He says buyers should never believe the prelaunch glitzy visuals of projects shown by builders and must do a background check of theirslsquoInvested in 2 projects both stuckrsquoApart from booking a 3BHK flat of 911 sq ft carpet on the fifth floor of Zircon in 2009 Navin Pai 41 a chartered accountant had also invested in Amethyst for a 2BHK 717 sq ft carpet area house on the seventh floor in 2005 Both are stuck today ldquoI am staying in a rented apartment in Koparkhairane paying Rs 35000 monthly I had invested over a crore All I have today is a structure which is nothing beyond four wallsrdquo said Pai who worked overseas for many years