[ad_1]
Thane: The Thane Revenue officials have succeeded in attaching the flat of a promoter of Green World Project In Airoli After the promoter failed to deliver a Rs 80 lakh flat booked by a senior citizen of Andheri in 2013, it had promised to hand over the possession of the flat by 2018. Maharera order.
The promoter has not only deprived the homebuyer of the flat, but the promoter has also sold the flat to another person. Meanwhile the promoter transferred MREAT against Maharera orders and even the High Court. However, after the High Court dismissed the promoter’s appeal, attachment proceedings were initiated to recover an amount of over Rs 1.3 crore.
The complainant, Tajber Aslam Saudagar, booked a flat in the project in 2013 and paid an amount of Rs 78,47,000, which was 90% of the total consideration, promising to hand over the possession in 2018. flat, the promoter sold the same flat to a third party in August 2020. Subsequently in May 2021, the complainant lodged a complaint with MahaRERA seeking refund of the amount paid along with interest. As the promoter did not bother to file his reply, MahaRERA proceeded with the matter ex-parte.
MahaRERA member Vijay Satbir Singh in his order dated February 2022 observed that the complainant was cheated and the promoter had also violated the said provisions of MOFA by accepting more than 20 per cent amount without entering into an agreement for sale. MahaRERA directed the promoter to refund the entire amount paid by the complainant along with interest.
“Since Mount Mary Builders, a promoter of the project, failed to comply with the order, the complainant approached MahaRERA for non-compliance in July 2022. Subsequently, MahaRERA approached MahaRERA in August 2022 for refund of the amount with interest. Recovery warrant has been issued, said Advocate Nidhi Singh, Partner, India Law LLP, representing the complainant.
Meanwhile, the developer has approached the Maharashtra Real Estate Tribunal (MREAT) against the order of MahaRERA in March 2023. However, MREAT rejected the promoter’s condonation of delay application.
“While the District Collector resumed revenue recovery proceedings, Mount Mary filed an appeal before the Bombay High Court challenging the order of the MREAT. Thereafter, the High Court passed an order wherein the appellant filed an affidavit granted interim relief to the filing stating that 50% of the revenue total amount as per the impugned order, shall be deposited within a period of two weeks.Subsequently, the promoter sought extension of time to file the undertaking and Tried to stall the execution by seeking extension. However, the Bombay High Court declined to list. The case, which paved the way for attachment of the promoter’s property, a flat in Sonal Apartments in Charai, Thane West, Singh said.
[ad_2]
Source link