The Maharashtra Real Estate Regulatory Authority has directed developer Sanvo Resort Private Ltd to refund a sum of Rs 39 lakh with 10.5 per cent interest for delayed possession of a couple’s flat in Marathon Nexzone project in Panvel. Rahul and Shruti Ghole, who booked a flat on the seventh-floor of Acrux 1 building in Marathon Nexzone in September 2015, had sought a refund of their investment under section 18 of Real Estate (Regulation and Development) Act for delayed possession after Sanvo Resorts Pvt Ltd, a part of Marathon Realty group, failed to deliver it by December 31, 2017.
The couple decided to withdraw from the project after the developer revised the possession date to December 31, 2020. During the hearings, advocate Sonam Mhatre of Dhavan Vussanji & Associates representing the developer contended that though they agreed to hand over possession in December 2017, the agreement for sale stated that the developer shall be entitled to reasonable extension of up to nine months. She argued that it was also agreed that the extension period could be extended if the government or local authority prevents the developer from fulfilling its obligations or any event beyond its reasonable control.
The developer’s lawyer contended that Raigad district collector issued commencement certificate to the building up to 27th floor on October 20, 2012, and the RCC structure of the building was ready by October 2015. However, in January, 2013, the Navi Mumbai Airport Influence Notified Area (NAINA) was made the new Planning Authority, and it sanctioned the revised layout plan in May, 2014. Thereafter, the developer sought permission to increase the height of the building from 27 floors to 33 floors in May 2014, but was only approved by NAINA in January 2018. Similarly, the access permissions from National Highway Authority of India came through only in 2016, Mhatre pointed out.
. She said the approvals for building heights from Civil Aviation department were delayed. Holding that the developer had failed to hand over possession as promised and the home buyers were entitled to a refund of their investment with interest, Bhalchandra Kapadnis, Member, MahaRERA, dismissed the developer’s claim that the agreement for sale mentioned reasonable extension of up to nine months and beyond. He observed that NAINA was made the planning authority in 2013, and the developer entered into an agreement in September 2015 with Gholes, and promised possession in December 2017. It shows that the developer was aware of the change of planning authority, and revision of plans etc prior to entering into agreement for sale with the complainant.
“On the contrary, it appears that the respondents proposed to construct 27 floors but due to change of the Planning Authority, they became greedy to construct 33 floors by taking the advantage of additional FSI which they get due to revision of the plans,” he said in his order. When contacted, a spokesperson for Sanvo Resorts Pvt Ltd said, “The company will appeal against this order. We had intimated the customer that the project was delayed due to delays in approvals which were beyond the company’s control as the planning authority changed, and the NOC from civil aviation ministry was delayed by two years due to alignment changes in the Navi Mumbai international airport. Now, all approvals are in place, the RCC work is complete and possession will be delivered in 12 months.” Source: Mumbai Mirror
As indicated by segment 11(2) of the Real Estate (Regulation and Development) Act, 2016, the ad or outline issued or distributed by the promoter is required to say the site address of the expert wherein all points of interest of the enrolled venture are entered and incorporate the undertaking's MahaRERA enlistment number.