Posted Under Real Estate Rules & Regulations On 12 December, 2019
The developers of Navi Mumbai need to pay the compensation of 10Lkh for illegal practice of reselling the booked flats from one buyer to another buyer that too after getting two legal notices. The MahaRERA directed to refund the amount of rs35 lakh along with the interest.
Property in Kolkata is associated with the regulations of RERA and WBHIRA so that the developer cannot misuse the innocence and money of the buyers. Bhalchandra Kapandis, one of the members of MahaRERA (Maharashtra Real Estate Regulatory Authority) sends an expert order against Sapan Naskar who has failed to come in front of regulatory authority by getting two legal notices.
Property buyers Rosary Chettiar and Joseph Chettiar has booked flat no 104 in Naskar’s seven-storeyed project “Sunflower” in Sector 9 of Ulwe, Navi Mumbai in 2010 but they did not get the possession on December 2013 and as a result, they filed the complaint against the developer in front of regulatory authority. They also mentioned in the complaint that their flat has been resold further to the buyers named Babita Sahu by the developer in February 2014 and the buyer Sahu resold the flat to Tatysaheb Kogdagg in September 2014.
See also : 285 Pending Warrants Issued to the Builders Studied by Maha RERA
Bhalchandra Kapandis refused to grant the complaints under the relief section 12 and 18 of RERA as they have failed to prove their point by not providing the evidence that the possession date was in December 2013 given by the developer.
The advocate od Chettiars, Nilesh Gala showed the allotment letter to Chettiars and the sales deed which is clearly stating that the flats have been resold to Sahu and Kodagg. He pitched in front of the regulatory authority that the procedure of reselling booked flats to another buyer which is a clear fraudulent activity and the developer is involved in this full phenomena under the provision of section 7 of RERA .
Later on, Bhalchandra Kapandis ordered the developer to refund the principal amount with an interest of 10.4% from the date of receipt of actual payment. The total amount has drawn to 35 lakh and he also has to pay the penalty of Rs 10lakh for not obeying the section 4 of RERA.
By LNN (Liyaans News Network)