MahaRERA tells Alamdar Infrastructure not to sell flats to protect tenant

After the representatives of a real estate firm repeatedly failed to appear before the Maharashtra Real Estate Regulatory Authority (MahaRERA), the company has been restrained from selling, accepting bookings or transferring any unsold flat in a project at Marine Lines till a complaint by a woman tenant of the redevelopment project is resolved.

According to the complaint filed by Pervin Bahadurji, she had surrendered her premises for the redevelopment of Marine Palace off Princess Street at Marine Lines and was allocated flat no. 2101on the 21st floor of the building with carpet area 1221.39 sqft by developer Alamdar Infrastructure Pvt Ltd.

As per an agreement signed on March 15, 2017, she was supposed to get possession within 42 months from the first commencement certificate. The developer had also agreed to pay rent to her for temporary alternative accommodation but the rent was stopped from March 19, 2019.

Advocate Avinash Pawar, appearing for Bahadurji, submitted that the commencement certificate (CC) issued by the planning authority showed 20th floor as the last floor in the building, which means that the developer was not permitted to construct the 21st floor where the flat has been promised. The complainant requested MahaRERA to direct the developer to execute a supplementary agreement for allotting her a flat on the 20th floor of the building.

According to the registration page of Marine Palace project, the completion date is November 11, 2025. Its latest CC, issued on September 25, 2019, and valid till May 11, 2020, mentions that the projection has permission to go up to 20th floor. Out of the 54 flats in the building, only 8 have been booked, as per data uploaded by the developer on the MahaRERA portal.

MahaRERA member Bhalchandra Kapadnis noted that despite several notices served on Alamdar Infrastructure Pvt Ltd, the developer has not appeared for hearings to inform whether any unsold flat is available in Marine Palace which could be allocated to Bahadurji. He also took note of Bahadurji’s apprehension that unless the developer is prevented from selling flats, she won’t be allocated a flat.

Kapadnis directed the developer to appear before the authority on April 29, 2020, to disclose its unsold inventory.

Advocate Pawar said, “My client is the original tenant of the old building. Despite three hearings being scheduled, the developer did not appear before MahaRERA. If the developer has already sold all the flats, where will she go? This MahaRERA order will serve as adeterrent to builders.”