While hearing an appeal, the tribunal found out that a builder during a hearing in MahaRERA had said that building has occupation certificate. However, it was found by the tribunal that the amenities, lift, staircases and other facilities were yet to be completed.
The tribunal held that a responsible authority who is also a licensed surveyor is not expected to sign blindly when the project is incomplete. It also added that such factually incorrect endorsement calls for condemnation and action.
“The secretary MahaRERA is requested to independently initiate action under the provision of RERA against Manoj Dubal for issuing factually incorrect certificate,” said the order passed by judge K.U. Chnadiwal.
The case pertains to delay in possession by a developer named Sea Princess Realty, to homebuyers in his project Gundecha Trillium in Borivali suburb of Mumbai. A group of homebuyers had originally complained to MahaRERA for delay in possession of apartments and amenities that was promised to them by December 2016, and the authority had ordered in January that the developer shall pay interest for the six months delay. However, the case went to appeal in the MahaRERA’s appellate tribunal.