The Maharashtra Real Estate Regulatory Authority (MahaRERA) Appellate Tribunal has imposed restrictions on selling of flats or creating a third party interest against the Sai Group and the Wadhwa Group that are carrying out ‘THE NEST’, a luxury real estate residential project in Mumbai’s Andheri West — for the completion of units and their handover to homebuyers, amid a delay for a decade.
The order came amid repeated complaints from homebuyers, who have been awaiting the completion of the project for nearly a decade.
Sixty eight-year-old Vijay Choksi, who invested money in the project and has been waiting for the possession of the flat for over 10 years, has filed a complaint in the matter. Choksi — who had bought a 2,358-sq-ft carpet apartment in the residential project — did not get possession of his flat till date, despite paying the total cost of the flat. He approached the tribunal and a coram of Judge Shriram Jagtap and MahaRERA’s Dr K Shivaji directed the developers to refund the amount with interest.
Anmol Bartaria, advocate representing Choksi, has argued that the developers — Sai Group and Wadhwa Group — have wilfully disobeyed the MahaRERA’s orders, and it was not permitted. Considering submissions made by Bartaria in the case, the tribunal passed an order of injunction on the sale of the flat in ‘THE NEST’ project in Andheri West.
According to Choksi, the developers — expected to complete the project in March 2019 — could not do the same despite multiple deadlines. Choksi said he has been enquiring about the possession of his flat since 2015, but the developers never come up with a proper reply. Even after paying a 100 per cent consideration amount, as and when demanded, without any delay, the developers have not completed the project over the last seven years, said Choksi, adding that he continues to face prejudice and huge loss due to this.
The Wadhwa Group spokesperson, however, said, “JV Partner has sold the apartment from its share. We have not received any money from the allottee… We are approaching the High Court. The matter is subjudice, and therefore, it would not be fair to comment on the merits or orders of the appellate tribunal.”
Advocates Abir Patel i/b Wadia Ghandy & Co and Avinash Undare appeared for the developers.