Developer told to refund money to home buyers as company fails to give possession as promised Company behind panvel development fails to give possession as promised

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Developer told to refund money to home buyers as company fails to give possession as promised

The company behind Panvel Development fails to give possession as promised.

The Maharashtra real estate regulatory authority ( MahaRERA has allowed two home buyers to withdraw from the Marathon Nexzone project in panvel and directed the developer to refund Rs 86 lakh and Rs 50.16 lakh with 10.75 percent interest to them after the company failed to give possession as promised in the agreement.

Patricia Fernandes and Ranjit Nair had booked flats 1705 and 1706 in Atlas B wing in Marathon Nexzone in January 2015, with the promise of possession by December 2017. After the developer revised the date of possession to December 31, 2021, and since they had a home loan from Punjab National Bank, they sought to withdraw from the project and seek a refund under the RERA provisions.

Similarly, Anil and Aniket Kadam had booked flat 2703 in Marathon Nexzone Avior D wing with the promise of possession date to December 31, 2020, and they had a home loan from IIFL Housing Finance. They sought to withdraw and seek a refund.

During the hearing befor maharea member madhav Kulkarni advocates anesh sequera and sana khan appearing for sanvo resorts , contended that the developer had obtained the commencement certificate (CC ) up to 27 floors from collector in 2012 . however the planning authority for panvel was changed to navi Mumbai airport influence area ( NAINA ) and it issued the CC only in may 2014 . 

They contended that there was inordinate delay in getting various approvals and the developer could not be held responsible. They contended that highway access permission from national highway authority of india ( NHAI ) was applied for in January 2008 but the approval highway authority of india ( NHAI ) was applied for in January 2008 but the approvel came only in march 2016 . the pipeline permission was received only  in june 2017 and permisstion up to 30 floor was obtained in January 2018 . the advocates also argued  that the agreement clearly mentioned construction up to 33 floors and the complainants were aware of it .

After hearing both sided Kulkarni observed that the commencement certificate up to 27 floor was obtained from the collector in 2012 while naina was made the planning authority on January 10 2013 and it issued the CC up to 27 floors on may 7 2014 . he held yhat in both cases the developer had construction approvel till 27 th floor and forther floors were to be added on the existing structure . there was no case that constructions could not begin until further permissions were in place . he observed . he said it was possible for the developer to complete the construction up to 27 th floor deliver possession to the complainats after obtaining partial occupancy certificate 

After accepting so much amount from the complainants the responded cannot delay delivery of possession on such ground . therefore hold that respondent has failed to deliver possesstion as per the agreement without there being circumstances has failed to deliver possession as per the agreement without there being circumstances beyond his control said Kulkarni directing the developer to execute cancellation deeds and refund both home buyers within 30 days . the cost of complaint rs 20000 was also imposed on the developer.

Aggrieved parties can appeal against the maha rera ordes before the three member Maharashtra real estate appellate tribunal headed by justice (  retd ) Indira jain within a period of 60 days .

 

Responding to the MahaRERA orders a spokesperson from the Marathon Group said, we strongly  belive that all the facts pertaining to the delay in possession in this case have not been taken completely into consideration and will be appalling this decision . both the customers had reached an amicable in principle settlement with the marathon group but later withdrew consent . marathon group had offered an alternate oc received apartment for both customers to stay in the same project which the customers declined

. we have received part oc up to 23rd floor for the first 4 towers at nexzone already and have commenced possession, with over 70 families staying at Nexzone presently.