Case 3

Jan 03 2019

The complainants are the allotters of the flats bearing Nos. C4-1303 & C4_ 1304 in the respondent’s project known as ,”My City – Phase I”, at Thane. They have paid 5% of the total consideration amount, stamp duty and registration charges for execution of registered agreement for sole. The respondent has sent them draft agreement for sole to be executed between them. However, the complainant has pointed out some deviations in the agreement when compared with the model agreement prescribed under the RERA Rules. ln particular, clause No. 27 of the said agreement drafted by the respondent proposes arbitrator to resolve the disputes thereby excluding the authority of RERA. The complainants, therefore, requested the respondent to revise clause No. 27 in the agreement, which was not accepted by the latter. Hence, this complaint had been filed.The respondent relied upon Rule 10 of the MahaRERA (Registration of Real Estate project, Registration of Real Estate Agent, Rates of lnterest and Disclosure on Website) Rules 2017, which provides that nothing prevent the promoter to modify the model form of agreement for sole at Annexure-A, provided that such agreement is in conformity with the provisions of sub-section 13 (2) of the RERA Act, 2016.

The Authority fears that the deviation made by the respondent certainly make the agreement more favorable to him vis-à-vis the home buyers. The latter will find it difficult to seek justice if there is a default on the part of the promoter. There is nothing objectionable in the revised paragraphs under clause 27 of the draft agreement as suggested by the complainants and reproduced above’ This will certainly help the homebuyer to safe guard his interests in purchasing the property. This will further reassure that the agreement complies with the provisions of RERA Act & Rules there under.

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