MahaRERA grants an extension to the developer for “force majeure”

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The Maharashtra Real Estate Regulatory Authority (MahaRERA) has brought major relief to the developer of “Sheth Midori” by granting him a further six-month extension until December 2021 in the event of force majeure (unforeseeable circumstances that prevent someone to perform a contract). However, the ordinance affected homebuyers of the project who opposed it.

Said developer had filed extension requests in May and June 2021 with MahaRERA to obtain approval for reasons of force majeure. She also argued that she had obtained the consent of 61% of the beneficiaries who had invested in their projects. MahaRERA observed that these beneficiaries came from all the buildings of the said project and that, therefore, the rights of all the beneficiaries would be subsumed in the consent taken.

He also observed that the revised completion date of said project according to the MahaRERA dossier is May 2021. Therefore, the project falls under the MahaRERA suo-moto ordinance of August 2021, providing for an extension of the registration of the project of six months.

While homebuyers had argued that the 61% of consents the developer claimed to have received was taken keeping them in the dark and they fear the same could have been obtained through unfair means. In addition, he also said that they challenged the first extension granted by MahaRERA in the appeals court and that the order is pending in this case.

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Posted on: Saturday October 02, 2021 12:12 IST


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