MahaRERA issues recovery warrant
Mumbai, Dec. 27 -- The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a recovery warrant against Omkar Realtors and Developers for not paying interest to a homebuyer after delaying handing over the flat to them.
The warrant has been sent to the Mumbai suburban district collector, directing officials to recover the amount and pay it to the complainants. "You are hereby directed to recover the ordered amount from the respondents as the arrears of land revenue and pay it to the complainant." reads the warrant issued last month. The recovery amount is a little over Rs.26 lakh, based on an order passed by MahaRERA in September 2024.
The case involves Rohit Wade and Bhavika Patil, who booked a flat in Malad's Alta Monte Signet project in December 2017. They were supposed to get the flat in December 2020, with a grace period of one year.
After repeated delays, the buyers approached MahaRERA seeking possession of their flat, interest for the delay, and reimbursement of the pre-EMI payments they had paid. In its September 2024 order, MahaRERA noted that despite several follow-ups, the developer had failed to provide clear updates on construction progress.
The authority observed that in email exchanges between the developer and the complainant, he claimed the project was nearing completion. However, information available on MahaRERA's website showed minimal progress, limited to the early stages of construction.
MahaRERA found that the developer had collected the entire sale amount without completing the project. MahaRERA noted that the developer had "miserably failed to come up with concrete timelines for finishing the project."
While buying the flats, the buyers had opted for a loan scheme under which the developer was supposed to pay their loan installments until they were in possession of the flats. MahaRERA noted that the developer stopped paying these installments, forcing the buyers to pay them to avoid damage to their credit score.
The developer later revised the possession date to December 2024, but MahaRERA noted that the developer had violated the RERA Act and failed to give the flats to the buyers in time. The authority directed the developer to pay interest on the amount paid by the buyers.
Despite the order, Omkar Realtors failed to pay the interest even after more than a year. As a result, MahaRERA issued the recovery warrant to recover Rs.26 lakh from the developer....
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