Three years after the MahaRERA had directed a builder to register, within a month, the agreement of a flat booked in 2017, and hand over possession, with builder not complying, last month the authority gave him 15 more days and if he failed that deadline, too, directed him to pay Rs 10,000 daily for the delay.
The buyer who had paid 90% of the cost of a flat in Malad had moved for execution of the 2019 order.
The penalty will be doubled every month of the default, said the order passed on April 25 by Vijay Satbir Singh, member of MahaRERA, noting that no one has appeared for the builder during the hearing via videoconferencing. Advocate Nilesh Gala for the buyer, a company, said despite a February 2019 order directing the builder to execute an agreement for a March 2017 MoU within a month and handing over the flat as per agreement, it was not complied with.
The MahaRERA said “despite notice’’ to the builder he “has failed and neglected to appear for the hearing. It shows that the respondent (builder) is not willing to contest this non-execution application.’’ The builder has not challenged the 2019 order either submitted by the flat buyer and the MahaRERA said “hence the order attains its finality’’.
With no reasons coming forth to justify non-compliance of the 2019 order, the MahaRERA directed that “a final opportunity in compliance of principles of natural justice is granted’’ to the builder to register the agreement for sale within 15 days, failing which he shall be liable to pay a penalty of Rs 10,000 a day, and it “will double per day after every month.’’
