Mumbai: Rs 5000 Per Day Fine On Builder Who Defies Orders Of MahaRERA
Mumbai, 8th July 2022: Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the developer to repay the total amount paid by the complainant customer with interest within two months. Failure to repay the amount within two months will result in a penalty of Rs five thousand per day from the third month. If the penalty, interest and principal are not refunded even after that, the penalty will be doubled from the third month. The fine will double every month from now on, the order said.
A customer from Andheri had bought a plot of land at the Ginger Hill project of Messrs Ginger Country Living Pvt. Ltd. in Kharade village in Shahapur in 2012. The customer had paid Rs four lakh 70 thousand for a plot of 1,900 square meters. The total value of the plot was Rs seven lakh. The developer had insisted on paying the entire amount behind the customer. However, the customer had taken a firm stand to pay the remaining amount on the day of registration of the plot.
Even after purchasing the plot, the customer did not get possession of it or the bungalow. So this customer had complained to MahaRERA. The developer did not take possession of the plot and did not return the amount paid, the complaint said.
The developer had told all the customers in 2016 that the amount would be refunded. But instead of returning the amount with interest, a check will be issued, He had also said that. As the check was due at a later date, the concerned customer refused to accept it and demanded immediate payment of all amounts along with interest.
On November 12, 2020, MahaRERA directed the developer to submit a registered agreement within a month. It was also ordered that if the contract was not given within a month, the entire amount along with interest should be refunded.
Even after two years, the developer has not complied with MahaRERA’s orders. Eventually, the complaining customer rushed to MahaRERA again. The developer was absent during the hearing on this complaint. Finally, MahaRERA has ordered the developer to repay the amount with interest within two months or else a fine of Rs five thousand per day will be levied after two months. If the order is not complied with, the fine will be Rs ten thousand per day from the third month onwards and the fine will be doubled.
“Property confiscation orders are being issued from MahaRERA. But the developers are not afraid of the law as the confiscation proceedings are not taking place. Accordingly, MahaRERA has ordered to double the fine to Rs five thousand per day next month. This will make the developers hesitant now. Therefore, this order is considered very important,” said Complainant’s lawyer Adv. Godfrey Pimenta.