In a common order of 5 separate complainants, namely, [Sr. No. 1] Bhavna Ashvin Jhaveri (Complaint No. CC006000000089992), [Sr. No. 2] Ashvin Hirendra Jhaveri (Complaint No. CC006000000090097), [Sr. No. 3] Mugdha S. Jhaveri ( Complaint No. CC006000000090098), [ Sr. No. 4] Saumil A. Jhaveri (Complaint No. CC006000000090099), and [Sr. No. 5] Mehul P. Mistry ( Complaint No. CC006000000090104) against. common respondents, Etco Builders Pvt. Ltd., Zenal Construction Pvt. Ltd., Etco Zenal Developers, Shree Nityanand CHS Ltd.
The complainants above named have filed these five separate complaints seeking directions from MahaRERA to the respondents to handover the possession of their respective units and also to pay interest for delayed possession under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) with respect to the booking of their respective commercial units in the respondents’ registered project known as “Eco Heights” bearing MahaRERA registration No. P51800002429 is situated at Nityanand Nagar, Andheri, Mumbai.
Facts of the case: It is the case of the complainants that they are the allottees of the project registered by the respondent no. 1. The respondent no. 2 is an erstwhile promoter from whom they have purchased the said units and the respondent no. 4 is a Shree Nityanand society who is an owner of the said project land. The complainants have stated that these complaints have been filed for possession of their premises booked by them by executing the registered agreements for sale under the provisions of the MOFA.
Admittedly, there is an interim order passed in favour of the complainants with respect to the subject premises and the present complaints seeking similar relief is nothing but an attempt to harass the respondent- society and therefore, the society prayed for dismissal of these complaints. Further, the provisions of section 18 of the RERA are not attracted in the instant case, and therefore, it prayed for dismissal of these complaints filed under section 18 of the RERA.
Order: In an order dated 21st March 2022, As far as claim agitated by the complainants under section 18 of the RERA, the MahaRERA has noticed that though these complaints are mainly filed seeking reliefs under section 18 of the RERA, the complainants have failed to upload/ file the copies of registered agreements for sale duly signed by them, showing any agreed date of possession. Hence, in absence of the said crucial document to decide the claim of interest, the MahaRERA cannot proceed to grant such reliefs in favour of the complainants under section 18 of the RERA.
As far as the locus standi of the complainants as allottees of this project is concerned, the Hon’ble Chairperson/ MahaRERA in the recent judgement passed on 18-08- 2021 in Complaint No. CC60000000057853 along with 5 other complaints has decided the identical issues and held that the society under the redevelopment project is also promoter and held the society is liable to pay the interest for the delayed possession to the allottees of the erstwhile promoter in that case.
Likewise, in the present case, though the complainants have booked their units with the erstwhile promoter viz the respondent no. 2 by virtue of the development agreements, after termination of the said development agreement with respondent no.2 , the society is liable to complete the liability of respondent no.2. Hence, the MahaRERA is of the view that the complainants are the allottees of this project registered with MahaRERA by the respondent no.1 and their rights are protected under the provision of RERA. Since the full OC has been obtained on 20-09-2021, the respondent no. 1 shall hand over possession of the said units to the complainants after final disposal of the suits pending before the Hon’ble City Civil Court. However, the claim of the complainants for interest for the delayed possession stands rejected.