MahaRERA authority can grant relief under MOFA provisions:MREAT

Jan 02 2019

APL Yashomangal Developers had challenged the January 18 MahaRERA order directing the company to refund with interest to home buyer Yashwant Sawant.While rejecting the appeal of a developer against an order to refund a home buyer, the Maharashtra Real Estate Appellate Tribunal (MREAT) has ruled that provisions of other laws — such as Maharashtra Ownership of Flats Act (MOFA), which are consistent with the RERA— can be applied by the state RERA authority while granting relief.

The developer APL Yashomangal Developers had challenged the January 18 MahaRERA order directing the company to refund with interest to home buyer Yashwant Sawant. The authorities had ordered to return an amount of Rs 22.39 lakh, which was 92 per cent of the total consideration he paid for booking a flat in Alfa Greenfield project in Wadgaon Maval near Pune. The developer had promised possession in December 2013, but had not delivered till January 2018.

Advocate Vivek Salunkhe, appearing for the developer, argued that MahaRERA adjudicating officer Bhalchandra Kapadnis had erred in applying Section 8 of MOFA when Sawant was seeking relief under Section 18 of RERA. He argued that the project construction was stalled due to Environment Clearances from June 2013 till March 1, 2017, and this should have gone in favour of the developer.

Section 88 of RERA conceives the provisions of the Act to be in addition to, not in derogation of, the provisions of any other law for the time being in force. He further added similarly, Section 71 which deals with adjudication of compensation mentions that if any complaint is pending before Consumer Disputes Redressal Forum or the National Consumer Redressal Commission, it could be brought before the RERA Authority.


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