Maha RERA: Society is promoter-owner of redevelopment project & equally liable

By Rohit Sharma


In December 2014, a home buyer booked a flat in Parijat CHS Ltd in Borivali by executing a registered agreement for sale in which the buyer paid 70% of the amount of its flat. According to the said agreement, the promoter was liable to handover possession of the said flat to the buyer by March 31, 2015. But due to delay in the project the possession is yet to be given.

Later it came into the lime night that the said project was the redevelopment project of Parijat CHS Ltd. The order read that “The builder has undertaken redevelopment work of the said society and in December 2016 the society terminated his appointment as the promoter and also filed arbitration proceeding before the court.”

An advocate from builders side said that “Due to the pendency of the said proceeding the builder could not complete the project, within a time-bound manner. However, the respondent stated that since he has failed to hand over possession of the said flat to the home buyer, he is ready and willing to refund the amount paid by the buyer with interest.

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