By Sanjay Chaturvedi LLB, Ph.D.
Milan Narendra Patkar V/s. Ruparel Estates India Pvt Ltd (CC005000000012120) Order dated: 22nd March 2018
The Complainant has stated that she is the tenant in respect of the office premises No. 14 in the building ‘Nair Mahal’ situated at Mahim, Mumbai which is being redeveloped by the Respondent as ‘Ruparel Iris’ (said project). The Complainant has further stated that pursuant to a permanent alterative accommodation agreement dated March 72, 2013, the Complainant has been allotted premises in the said project and that Pursuant to a supplementary agreement dated March 15, 2013, the Respondent had agreed to pay monthly compensation, for the rent of the temporary alternative accommodation during the period of construction. The Complainant alleged that the Respondent has failed to pay the said rent and therefore prayed the Respondent be directed to pay compensation under section 18.
Maha RERA Observed: The dispute as such is, therefore, between two promoters- In the instant case there is no agreement for sale and therefore section 11(4) is not violated. The issue of non-payment of rent cannot be construed to be a violation of section 18 of Act either.
Credits: Landmark Judgements of RERA (Book)