Mumbai: RERA won't say no to any complaints

HomeBuyers in the city can finally breathe a sigh of relief as all unregistered Maharashtra Real Estate Regulatory Authority MahaRERA projects will now come under the ambit of the Real Estate Regulation and Development Act of 2016 This means that MahaRERA cannot refuse any consumer grievance against developersbuildersThe decision comes after the quasijudicial body made necessary modifications in its software following a Bombay High Court order on July 31 The move is being looked upon as a major victory for thousands of flat buyers as both underconstruction and completed projects will benefit under the new normsKhan had alleged that the developer had abandoned the Lonavla project midwayEarlier MahaRERA would blankly refuse to entertain complaints against projects not registered under the RERA Act However in June this year Mohammed Zain Khan moved a petition in the HC against developer Ms Emnoy Properties India who in 2012 promoted a nonagricultural NA bungalow plots and bungalows scheme called Valvan Valley spread over 200 acres at Lonavala Khans writ petition sought direction to MahaRERA to take action against all unregistered construction projects residential flatsbungalowsgated communitiesvillas in Maharashtra that are still being promoted without being registered Last week the HC instructed MahaRERA to include all projects within its ambitThis order will be of immense help to flat buyersoccupiers across the state of Maharashtra who have invested their hardearned money in underconstructionready properties which still await occupation certificates conveyance etc Previously their pleas would simply go unheard as there was no constitutional body to hear their grievances said advocate Nilesh Gala of Ms Law Square who represented Khan in the caseThe advertisements for the disputed plots in Lonavla Mohammed Zain Khan had moved a petition against the developersCourt interventionIn its order dated July 31 the division bench of Justice VM Deshpande and Justice RM Borde instructed MahaRERA to make necessary modifications in its software mdash in order to entertain complaints of unregistered projects mdash within a period of 15 daysOn completion of the process the petitioner Khan was asked to register his complaint with MahaRERA again as prescribed by law The complaint tendered online by the petitioner and other similarly situated complainants in respect of unregistered projects would be entertained and the same would be dealt with in accordance with the procedure that is being adopted by MahaRERA in respect of disposal of complaints in relation to registered projects sic the court order read MahaRERA immediately complied with the orderRamesh Prabhu Housing expertSection 3 conundrum According to advocate Gala Section 3 of the RERA Act mandates that no developer can advertise market or sell unless he registers the project In fact all developers were expected to register with MahaRERA within three months of commencement of the Act which came into force in May 2017 However housing expert Ramesh Prabhu pointed out that despite the order being on paper MahaRERA came out with an FAQ which stated that if the buildings are already occupied by residents even if they did not have completion certificate or occupation certificate they did not have to register with MahaRERA This is contradictory to the Act as well as the RERA rules Further MahaRERA also tactfully did not allow their software to accept any complaints without the registration number Prabhu saidHe added As per the BMC affidavit to the Supreme Court three years ago there are 50000 structures which dont have a commencement certificate and OCs This order will not only benefit all these residents in Mumbai but also over three lakh structures across MaharashtraCase historyMohammed Zain Khan had bought a NA plot measuring 22000 sq feet in the said project in August 2012 However in 2015 Khan learnt that the developers title of land was mired in litigation and so he asked for his money back The developer however assured Khan alternative smaller NA plots in another project in Lonavala called Lions Valley But the developer failed to keep his promise Khan claimed that the developer had abandoned the Valvan Valley project midway and was now jointly promotingmarketing selling the Lions Valley project in Lonavala with another developer Rio Luxury Homes Also Emnoy Properties had not registered the Lions Valley project as required under MahaRERACatch up on all the latest Mumbai news crime news current affairs and also a complete guide on Mumbai from food to things to do and events across the city here Also download the new midday Android and iOS apps to get latest updates