MahaRERA

Maharashtra Real Estate Regulatory Authority

Navi Mumbai

flat

developer

reselling

Thehas imposed a fine of Rs 10 lakh on adeveloper for indulging in unfair practice of selling abooked by one home buyer to another buyer and directed him to refund a sum of Rs 35 lakh with interest.MahaRERA member Bhalchandra Kapadnis issued an exparte order after theSapan Naskar failed to appear before the regulatory body despite getting two notices.Homebuyers Rosary Chettiar and Joseph Chettiar had filed a complaint contending that they booked flat no 104 in Naskar’s seven-storied project Sunflower in Sector 9 of Ulwe, Navi Mumbai, in 2010 and were not given possession as promised in December 2013. The complaint further contended that their flat was resold to Babita Sahu by the developer in February 2014, and Sahu further resold it to Tatyasaheb Kodagg in September 2014.Kapadnis refused to give the complainants relief under Section 12 and 18 of RERA on the ground that they failed to provide evidence that 2013 was the possession date given by the developer.Advocate Nilesh Gala, appearing for the Chettiars, produced the allotment letter to Chettiars and sale deeds showing the flats had been resold to Sahu and Kodag. He argued thatthe same flat to another home buyer amounted to fraud and the developer had indulged in unfair practice under provisions of Section 7 of RERA.Kapadnis directed the developer to refund the principal amount of Rs 15 lakh with 10.4 per cent from the date of the receipt till actual payment. The amount works out to Rs 35 lakh. He imposed the penalty of Rs 10 lakh for violating Section 7.