Five years on, Jogeshwari man waits for his flats to be built

Fortysevenyearold Chandraprakash Parmars dream of moving into a bigger house seems to be quite a distant one Despite paying almost 90 percent of the cost of two flats R19 crore in Jogeshwari East which he booked way back in 2014 he is yet to get their possession What is worse is that till date the developer has not got the required permissions from BMC to construct the flats that have already been sold to Parmar and even registered with the subregistrars officeParmar who currently resides in 275square feet flat in Jogeshwari East along with his family had booked two flats in a redevelopment project against allotment letters in 2014 In 2017 he had entered into an agreement for saleAccording to Parmars lawyer Avinash Pawar who moved MahaRERA against developers Ms Nisar Properties Pvt Ltd said two flats of carpet area 468 square feet and 66111 square feet respectively on the 10th floor of project Rajal was sold to Parmar through registered agreements for sale in June 2017He further said The developers did not have the commencement certificate CC from the civic authority for the 10th floor even on the day of the agreement for salePawar alleged that the developers had kept the space for mentioning the possession date in the agreement blank but they had verbally promised to hand over the property by April 2018 While accepting the booking amount they had shown Parmar the development agreement which mentioned the possession date as January 2016 However later they mentioned in their disclosure with MahaRERA that the proposed date of completion was April 2019 which they revised to June 2022Also ReadRERA orders only on paper buyers still wait for moneyDeveloper pleads not guiltyThe developer informed MahaRERA that Rajal was being constructed on a larger plot that belongs to Hardevi CHS As the Jogeshwari Friends CHS was in a dilapidated condition they decided to redevelop it and entered into an agreement with the developer in January 2014 The developer received the CC on April 30 2014 and constructed nine floorsMeanwhile the BMC asked Jogeshwari Friends and Hardevi to provide certain documents relating to an FSI dispute Hardevi refused to provide those documents through a letter dated November 21 2018 Since then there has been no progress in the construction work as the BMC needs the documents for granting CC for the above floorsMeanwhile a society member filed a civil suit against the developer to stop them from constructing the building further The suit is still pending before the city civil courtAlso ReadMumbai Decade after project launch buyers await possession in KalyanMahaRERA observationB D Kapadnis member MahaRERA and adjudicating officer observed It is an admitted fact that the respondent was granted CC only for constructing nine floors on July 29 2016 But the respondent has not produced any document that shows that they have approval for constructing the 10th floorThe orderKapadnis in his order stated The parties shall incorporate the agreed date of possession as December 31 2019 in the agreement by way of corrigendum The respondent shall get the approvalssanctions necessary for constructing the flats at the earliest and handover the property along with Occupation Certificate on the aforesaid date of possessionNot ready for any settlement ParmarParmar said The developer has not been doing any construction work at the site since 2016 After constant followups they agreed to enter into an agreement with me in 2017 I paid the government dues of R20 lakh and also 90 per cent of the sale price which is more than R15 crore Yet I havent got the flats He added The developer has been calling me for a settlement but every time I go for it nobody turns up This clearly shows their intention I am not ready for any settlement I want my flats on the day stated in the orderRemoving crucial infoAdvocate Pawar said This is a classic example of developers removing crucial information from the agreement Often buyers dont read all the clauses and also dont question why certain spaces are kept blank in the agreement before signing In this case too the developer had added a clause in the agreement that if there was any delay in handing over the property the buyer would not be able to claim any interest damages rent losses etc which is against the statute Even MahaRERA in its order struck down such a clause stating that no person can be deprived of his legal rights from claiming benefitsAlso ReadMHADA circular Want redevelopment projects under RERACatch up on all the latest Crime National International and Hatke news here Also download the new midday Android and iOS apps to get latest updates