RERA orders homebuyers to clear dues owed to builder before claiming possession

16-12-2020

The Real Estate Regulator Authority (RERA) in Maharashtra has ordered homebuyers to clear dues owed to builders before claiming possession of a property. The development comes after a Mumbai-based developer approached the authority against seven homebuyers in Maharashtra. On December 9, Maharashtra�s RERA ordered the homebuyers to pay the balance money to the developer before claiming possession. Builder Anis Khan alleged that some homebuyers have not paid him the balance payment towards their apartments in his project KK Residency, which is located in Kurla. Khan claims he has sent several letters to them regarding payment clearance, but to no avail. Khan also claimed that he has received occupancy certificate for the flats of these homebuyers. He asked Maharashtra RERA to direct the homebuyers to pay the balance amount along with the interest. Meanwhile, the homebuyers have claimed that they have not received possession letter sent by the developer and further claimed that the builder has received past OC for the building. They have been following up with the developer for loan disbursement but stated that the builder has not yet acted on it. Time has been given to the parties to settle the matter amicably. It may be noted that one homebuyer has agreed to settle the matter amicably. However, for the remaining, the builder has asked Maharashtra RERA to direct them to make balance payment along with the interest. Gautam Chatterjee, Chairman of Maharashtra RERA, ordered homebuyers to pay the balance money to the developer as per the terms and condition of the agreement of sale. The order also gives power to the builder to cancel the allotment in accordance with the provisions of section 11 (5) of RERA, if the homebuyers fail to make the payment. With regards to the allottee where the agreement of sale was not executed, the builder was allowed for the cancellation to be guided in accordance with the provisions of the allotment letter dated September 5, 2012.