The complainant (homebuyer) Ashish Bubna had challenged the order given by MahaRERA.
Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) tribunal orders the developer to pay monthly rent to the homebuyer, since the developer delayed to give the possession by three years.
The complaint was initially heard by MahaRERA bench, which passed an order to enter into an agreement, since the complainant had allotment letter and not the sale deed. The tribunal stressed that the developer cannot escape the MahaRERA laws due to absence of agreement.
The complainant (homebuyer) Ashish Bubna had challenged the order given by MahaRERA on April 9 that directed both the parties to execute and register the sale agreement. However, Mr Bubna had made payment of around Rs 20 lakh to S.R. Shah developers. A letter of allotment with possession date was given to the complainant. The developer argued that the complainant made an investment.
Hearing both the sides, K.U. Chandiwal who was hearing the case, dismissed the allegation made on the complainant and stressed that one cannot escape the laws by stating the deposit paid as an ‘investment’. “There is no escape provided under RERA for accepting deposit towards the purchase price to be an investment and thereby excluding the applicability of statutory provisions contemplated either under section 18, 19 or 31,” read the order.
Thereby modifying the previous order, Mr Chandiwal directed the developer to pay the homebuyer Rs 7,000 per month as rent since February 2018.