THE Maharashtra Real Estate Regulatory Authority (MahaRERA) recently held that a construction project in Central Mumbai will come under its jurisdiction even though it has received part Occupation Certificate (OC). Lodha Bellissimo Crown Buildmart Pvt. Ltd had filed an appeal before Maharashtra Revenue Tribunal, Mumbai, aggrieved by an order dated September 12, 2018 in which Lodha’s application for dismissing the complaint was rejected.

The firm pleaded before the Member and Adjudicating Officer, MahaRERA, Mumbai, that the project already had part occupancy certificate, dated June 8, 2017. The Member and Adjudicating Officer in his exhaustive order negated the submissions of Lodha, to a complaint filed by Haresh Asher. Asher had purchased a flat on the 13th floor of ‘Evoq’ building situated at New Cuff Parade along with three parking spaces through a letter of allotment on May 22, 2017 on the basis of the booking form dated April 8, 2015.

Lodha contended that they had received part Occupancy Certificate on June 8, 2017 from MMRDA for 1 to 40 floors of B wing wherein the flat booked by Asher is located and consequently owing to part Occupancy Certificate, it was not incumbent on the Promoter to register the project with MahaRERA.

Justice K U Chandiwal of Maharashtra Revenue Tribunal, Mumbai, said, “The crucial point which is tricking the thought is that the promoter (Lodha) has a part completion certificate dated 8th June, 2017… This is later than the implementation of RERA in the State of Maharashtra which has come into force effective from 1stMay, 2017. Even if concession is extended by Sec. 3(1) of RERA.”

Justice Chandiwal further said, “However such concession is in respect of ongoing projects for which completion certificate has not been issued, three months extension has been granted for registration. It will not therefore automatically provide an elbow room or concession to the fact in issue as the part occupancy certificate is dated 8thJune, 2017 later than May 1, 2017.”

“It is curious, that special conditions incorporated in part occupancy certificate also highlights that the applicant (promoter) shall complete the unfinished work before applying for full Occupancy Certificate of the building or before handing physical possession of the building for habitation whichever is earlier as ensured by the promoter in the Undertaking dated 26 May, 2017. There is nothing produced by the promoter indicating that this has been adhered to before completion of the project or getting full OC,” Justice Chandiwal added. Justice Chandiwal dismissed the appeal of Lodha. Source: Indian Express

As indicated by segment 11(2) of the Real Estate (Regulation and Development) Act, 2016, the ad or outline issued or distributed by the promoter is required to say the site address of the expert wherein all points of interest of the enrolled venture are entered and incorporate the undertaking's MahaRERA enlistment number.

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