February 19, 2021
The complainant Sunil Jajoo had registered
Mr Jajoo had purchased a flat in the developer’s project "Runwal Elina", and was
promised possession in December 2016, but had not received possession till date.
The developer said that the part occupation certificate (OC) had been received
and that the complainant would get possession shortly.Meanwhile, Runwal Realty,
in its defence, stated that the project could not be completed because of
reasons which were beyond its control and for which, reasonable extension of
time had been provided in the agreement.
The complainant Sunil Jajoo had
registered a complaint against developer, Runwal Realty Private Limited.In a
recent judgment, the authority made it clear that only after handing over
services of such amenities can the developer charge home buyers for the same.
The developer can only charge for ready-to-use amenities at the time of giving
possession.. The MahaRERA even asked a developer to cancel charges being imposed
on a home buyer for proposed amenities such as a club house before handing over
possession.Mumbai: In a breather for home buyers, the Maharashtra Real Estate
Regulatory Authority (MahaRERA) has made it clear that developers cannot charge
for proposed amenities at the time of giving possession of the house.According
to the order, Mr Jajoo alleged that the developer was demanding certain charges
for club house facilities which had not been delivered till date.The authority
also checked the registration web page where it was observed that such a
facility was not registered with the MahaRERA.A recent order issued by MahaRERA
while hearing the plea of a home buyer read, "The respondent (developer) is
hereby directed that they shall not demand charges for facilities/amenities like
club house, that are part of the agreement for sale but are not being rubber
protective provided at the time of handing over possession and until such
time, the said facilities/amenities are provided for
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