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Mumbai: In an order that will serve as a warning to builders, Maharera Denied the benefit of the COVID-19 pandemic moratorium, available to all promoters, and directed a builder to pay interest for that period also to a complainant for violating the sanctioned plan.
The benefit of the moratorium is for projects after the sanctioned plan, said Maharera President Ajay MehtaIn a recent order. The order states that benefits or privileges are given to entities operating within the four walls of the law.
Citing one of the many complaints, Maharera said that the promoter of the land-plus-three-storey ‘GSR Anandam’ Commercial-cum-Residential Project As agreed, the shop on the ground floor was not handed over till December 2021. The complainant sought exit from the project and claimed refund along with interest.
Dealing with the matter, MahaRERA observed that the promoter was involved in serious irregularities in the execution of the sanctioned plan. Along with a basement, one more floor has been made with permission. The promoter also made five offices in the basement without any approval.
The regulatory authority also pointed out that the sanctioned plan showed a society office but it was converted into a shop for sale. In almost every shop offered for sale, a small portion of the general open space has been enclosed. Further, all the shops are provided with a height less than that mentioned in the sanctioned plan.
It is clarified that one of the essential contents of a project’s application for registration with MahaRERA is the sanctioned plan, layout plan and specifications of the project as approved by a competent authority, the order said. These form the basis on which the parties execute the agreement for sale.
The promoter offers to give the premises in keeping with the approved plan. In this case, the promoter violated the very premise of the promoter-allottee agreement.
MahaRERA, therefore, directed the promoter to refund the amount paid by the complainant along with interest from January 2022 without any foreclosure benefit and further observed that the allottees cannot be penalized for the misadventure of the promoters.
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