Can an Allottee complain for lack of amenities if possession taken? No!

By Dr. Sanjay Chaturvedi LLB, Ph.D.

Harish Govindram Bulchandani V/s Satra Properties (India) Ltd (CC006000000000417) Order by Maha RERA dated 27th Oct 2017

The complainant stated that he has taken the possession of the apartment on 20th April 2017 but the apartment lacks many facilities that were to be provided as agreed in the agreement. Therefore, he prayed that Respondent may be directed to provide the said facilities to the complainant. The Respondent submitted that the complainant has, in writing, taken the possession of his apartment on 20th April 2017 without raising any issues at the time of accepting the possession. He further argued that since the complainant has taken possession of the apartment prior to the Real Estate (Regulation and Development) Act 2016, coming into effect, this matter, on issues relating to possession, does not fall in the jurisdiction of the Real Estate Regulatory Authority.

Maha RERA Order: I agree with the arguments made by the respondent. The complaint is, therefore, dismissed.

Credits: Landmark Judgements of RERA (Book)





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