Mumbai: Protesting flat buyers warn of poll boycott

Advocate Godfrey Pimenta and flat buyers at the protest on Saturday outside the suburban collector’s office in Bandra

Flat buyers demanding justice over stalled realty projects converged outside the suburban collector's office in Bandra on Saturday in protest against the MahaRERA and the state government. Irked by the lackadaisical attitude of the authorities, the distressed group has indicated that their stir will be visible during elections.

mid-day had reported on February 28 about the plans of the NGO Watchdog Foundation for the protest. The NGO's trustee, advocate Godfrey Pimenta, said, "The distressed flat buyers are frustrated with the system. When there is a prolonged delay in the delivery of justice under an authority like the MahaRERA, the common man is bound to get affected."

"Undermining the power of the common man will soon prove to be an error in judgement. If the government fails to act on the memorandum submitted to the collector's office on Saturday, people power will continue to have an upper hand amid the upcoming BMC elections," said Pimenta.

Advocate Godfrey Pimenta of Watchdog Foundation and Nicholas Almeida submit the memorandum at the suburban collector's office

Among the protesters were flat buyers waiting for years to get possession of flats in CLAN towers, Taloja; Kalpataru Radiance, Goregaon, and other projects in western and central suburbs and the MMR area.

Also read: Mumbai: Bombay High Court seeks MahaRERA's help

1,700 families stuck

Among the distressed flat buyers at the protest was Nagesh Burla, 49. "We are 1,700 flat buyers at the three residential projects - Kalpataru Radiance, Ekta Tripolis and The Luxor, Goregaon, West, part of the sale component of the Patra Chawl rehabilitation projects undertaken by MHADA. They have been delayed for more than eight years due to the apathy of MHADA and the state government. We have not been provided with an Occupation Certificate (OC)," said Burla, who has been awaiting possession of his 3BHK flat since 2019. "We trusted the developer and the brand, but we were betrayed. What is our fault?," said Burla, who invested Rs 3.35 crore out of Rs 3.70 crore in Kalpataru Radiance. Burla added, "Nearly three-fourths of the 500 buyers in our towers, which are nearly 95 per cent ready, had to opt for housing loans. I invested my entire savings and proceeds from the sale of my other flat."

Nagesh Burla, flay buyer

"My in-laws sold their house in Virar and utilised their retirement funds so that they could stay in the same building. Our dream of staying together remains a dream. I lost my mother and father-in-law during this extended wait," said Burla.

"Our projects are MahaRERA registered, but the quasi-judicial body seems to be leaning towards developers rather than flat buyers. We have held numerous protests and met Deputy Chief Minister Devendra Fadnavis. MahaRERA seems to have a lack of uniformity in its orders. There have been instances where it gave different verdicts for the same project. In some cases, the developer has been told to pay interest for delayed possession, and in other cases, litigants have been told to opt for arbitration as per the agreement. This shows there is no precedent in its orders," Burla said.

"Why should builders enjoy interest-free money from buyers during the construction period and not be accountable? It is the duty of the builder to plan, get permissions and then promise possession. It is otherwise an unfair trade practice on the part of the builder," said Burla.

Poll boycott

Most of the distressed flat buyers have threatened to boycott the forthcoming civic and other elections. Pradeep Valia, 56, is forced to pay Rs 45,000 for a rented house as his flat booked in 2011 at Cosmic Tower, Andheri, West, is merely on paper. "I had booked a 1,100 sq ft (carpet area) 4BHK flat on the 21st floor of a 25-storey tower, which was to be ready by 2013. Even after paying R1.40 crore out of total consideration of Rs 2.35 crore the developer has constructed only till 17th floor," said Valia.

Valia added, "I had approached the MahaRERA, which in January, directed the builder to pay 10 per cent interest on delayed possession, but the developer has not honoured the directive. I am fed up and have decided to boycott forthcoming elections. I will not cast my vote, nor will my family."

"The government must appoint enough members to the MahaRERA, a forensic audit of all projects stalled for more than five years must be conducted, and a meeting of all stakeholders must be convened to find a solution. Buyers facing stalled projects must also get a waiver of development charges, premiums, property tax, etc. or at least 50 per cent. These will ease the burden of flat buyers," demanded the Watchdog Foundation.

The other side

Dr Rajendra Bhosale, Mumbai suburban district collector, said, "As far as MahaRERA is concerned, my role is limited to the ‘revenue recovery' process, which I will be expediting, at my level, hereafter, upon receiving such recovery orders from MahaRERA" On the memorandum submitted by the Watchdog Foundation, Dr Bhosale said, "As a representative of the government at district level, all representations have to be made to the government through district collector. I will send the representation received to the concerned department in the state government, for further action."

"We will continue to check the status of our Memorandum, by filing RTI and regular follow ups with the Suburban Collector and State Government," Pimenta concluded.