MahaRERA has constrained Realty Developers from selling flats in Residential Projects

Real Estate Regulatory Authority in Maharashtra Appellate Tribunal has restricted from selling of flats or creating a third party interest against the Sai Group and the Wadhwa Group, who were connected to the construction work of ‘THE NEST’, a luxury real estate residential project in Mumbai’s Andheri West. This restriction was caused due incompletion of units and their handover to homebuyers, amid a delay for a decade.

RERA took this decision after receiving repeated complaints from prospective home-buyers who have been eagerly waiting the completion of the project for nearly a decade now.

Vijay Choksi (60) told media that he has been waiting for the handover from the last 10 years, and after getting fed up of so many fake promises, he filed a complaint. Choksi booked a flat of 2,358-sq-ft carpet apartment in the residential project. Unfortunately, he did not get his property till date, despite paying the total cost of the flat. He complained to the tribunal and a coram of Judge Shriram Jagtap, and promptly action had been taken and MahaRERA’s Dr K Shivaji directed the developers to refund the amount with interest.

The lawyer of Choksi, Anmol Bartaria, argued that the developers Sai Group and Wadhwa Group have wilfully disobeyed the MahaRERA’s orders, which was not permitted. After considering and cross-checking all the evidences and testimonies, the tribunal passed an order of injunction on the sale of the flat in ‘THE NEST’ project in Andheri West.

Choksi further mentioned that, the developers promised to complete the project in March 2019, but they could not keep it after setting multiple deadlines. He said that after inquiring for time and again from 2015, the developers could not reply satisfactorily. He continues to face prejudice and huge loss due to this as the developers not yet completed the project over the last seven years even after paying a 100 percent consideration amount, as and when demanded, without any delay.

On the other side, the spokesperson of Wadhwa Group said, “JV Partner has sold the apartment from its share. We have not received any money from the allottee. We are approaching the High Court. The matter is subjudice, and therefore, it would not be fair to comment on the merits or orders of the appellate tribunal.”