It is for the first time that the Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued recovery warrants against 12 real estate developers. The authority issued the warrants following persistent complaining by several homebuyers who were asking for execution of earlier orders against these builders directing refund of money.
“We have issued warrants against 12 builders in Mumbai, Thane and Pune for recovery under section 40 (1) of RERA Act that pertains to recovery of interest, penalty and compensation as a land revenue,” Vasant Prabhu, Secreatry MahaRERA, told ET.
Five of these warrants have been issued against Pune-based realty developer Darode-Jog Properties, while rest cases are from Mumbai and Thane jurisdiction.
In the first instance of these warrants, the refund order was passed against Kambar Construction in November 2017. The amount is around Rs 37 lakh and an interest of 10.15% thereon. Under the warrant, the district collector of Thane will attach the property and if the developer still does not refund the money then auction of the developers’ property will be initiated.
Pradnya Nikhil Sable, who in 2013 had booked a flat in the project by Kambar Construction's project Ambivli near Mumbai, had sought a refund of the amount paid by her as the builder had delayed possession. She had approached MahaRERA in November 2017. The developer had then claimed that the work is delayed as a local goon was seeking a ransom and only after his arrest he could start the project's construction work.
However, this excuse wasn't considered by the authority and it passed an order asking the developer to refund the amount along with interest and also a cost to the complainant. The developer twice approached MahaRERA seeking for a stay as he wanted to file an appeal. Finally in April the appellate tribunal heard the case and upheld the original order.