Mumbai: Appellant developer's no-show favours home buyers

Trouble for Vidhi Developers only seems to be escalating as its promoter failed to appear before the tribunal regarding their own appeal against the recent MahaRERA order. The developer was directed by the MahaRERA to return a few flat-buyers' money invested in its upcoming project. However, the promoter of Vidhi Developers had challenged this order before the tribunal, but failed to deposit the required amount under section 43 (5) of RERA Act and remained absent at the hearing, thus enabling an order in the favour of the flat buyers.

Sumant Kolhe, judicial member of the MahaRERA Appellate Tribunal, was earlier this month hearing the appeal against the order favouring flat buyers Roger Dsilva and Vasant Lotlikar. Kolhe in his order stated that the developer is required to deposit some amount as per the impugned order, at least to the extent of 30 per cent "failing which the appeal cannot be entertained and heard."

Flat-buyer Sainath Sarode is entitled to a refund of Rs 71 lakh from Vidhi Developers in the Malad property

"The promoter has also not sought an extension of time for depositing the amount. A reasonable time was given to the promoter to comply with the order. But it appears that they are not interested," Kolhe added. Godfrey Pimenta, who represented respondents Roger Dsilva and Vasant Lotlikar hailed the tribunal's order, saying, "The developer was only trying to prolong the case. MahaRERA had passed the said impugned order in June 2018, and the developer by filing an appeal got an extension of nearly eight months," he said, adding, "Even after directing the Collector to attach the developer's properties, nothing has been followed. All payment directives are only on paper and flat buyers continue to pay hefty EMIs."

Where is our money?

Fifteen flat buyers who had booked homes in Vidhi Developers' Gaurav Discovery, in Malwani, Malad, under the SRA scheme, decided to withdraw from the project after the developer failed to handover possession in time. Sainath Sarode, one of the buyers, was entitled to a refund of Rs 71 lakh and has been following up with the Borivli Tahsildar office since August 2018. The Tahsildar has forwarded his letter to the local Talathi office too, who in turn have sent notices to the developers.

"I am not interested in the flat anymore; all I want is my money to get rid of my bank loan liability." The MahaRERA must give a specific time frame for the refunds, he urged.

Jinam Shah, who represents Vidhi Developers, however, said that the developer was finding it difficult to keep up the construction work while meeting the refund demands. "All we have been asking for is an extension in time to repay them, but our plea goes unheard. Our intention is to complete the construction work at the site and also ensure that each of them is paid, but we will need some time," said Shah.

Developers plead 'not guilty'

M/s Vidhi Realtors had argued before MahaRERA stating that they were not guilty and that the SRA project was being developed in phases. Commencement Certificates (CC) for the different buildings in the project were received in phases from 2012, the developer argued.

The project is delayed because the sanctions/permissions were not given promptly owing to amendments to the DC (Development Control) Rules and fungible FSI plans around 2012-13. The developers also suffered because of demonetization but still hope to get a CC for constructing 22 floors in certain buildings.

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