The Maharashtra Real Estate Regulation Authority (MahaRERA) stated in a case involving Ravi Developments and Sudhakar Shetty (the complainant) that "MahaRERA cannot rewrite a contract which was executed before it came into effect in May 2017 and that which was entered into between the parties with complete awareness."
The developer's long-delayed project called Gaurav Excellency in Mira Road was the subject of this judgement.
Shetty claims that he paid Rs 61.38 lakh for the apartment and registered the purchase agreement back in June 2014. 10.14 lakh rupees were deducted from the total amount as compensation for the complainant's interior renovations. As there was no receipt for the amount of Rs. 10.14 lakh, he chose not to claim it and instead requested a refund of Rs. 51,23,600 with 24 percent interest dating back to January 2015 in order to leave the project. The claimed principal amount is less than the interest amount after calculation.
The developer left the date of possession unspecified in the contract. However, as of December 2014, oral communication.
Ajoy Mehta, the chair of MahaRERA, noted that "the date of possession was blank... The projected completion date listed on the MahaRERA project registration webpage, i.e. April 1, 2017, shall be the particular date of possession for the complaint.
Further, it is also important to note that the pre-RERA agreement, which contained covenants enforceable on the complainant and the respondent, was in place when MahaRERA went into effect on May 1, 2017. The parties have officially entered the RERA era with these enforceable pre-RERA agreements. A pre-RERA contract cannot be opened or revised at this time by any of the parties using RERA as a tool.
© 2023 Rera News. All rights reserved.