DSK SCAM: 'Hands tied' RERA returns homebuyers empty-handed

As complaints against the infamous DSK Developers with Maharashtra Real Estate Regulatory Authority (MahaRERA) keep piling up, the housing authority is in a fix with its hands tied. It can neither issue any directions or orders nor can it adjudicate or award interest on delay in possession against the developers.

The reasons being the properties belonging to DSK Group — which includes projects registered under MahaRERA — have been attached and the key office bearers of the company have been arrested by the Economic Offence Wing.

Close to a dozen of complaints filed by homebuyers have been given the above-mentioned reply by MahaRERA. Home buyers of different projects belonging to DSK approached MahaRERA. Everyone had the same complaint — the date of possession promised by the developer is long gone, the project work is incomplete and stalled. Hence, they want MAhaRERA to direct the developer to handover possession of apartments at the earliest. Some home buyers were even seeking a refund of their amounts paid with interest and compensation for the same.

In March, MahaRERA chairperson Gautam Chatterjee had put on hold hearing of DSK group's realty projects.

In the recent order, Chatterjee directed the complainants to approach the government to delist the properties that have been attached under the Maharashtra Protection of Interest of Depositors (MPID) in Financial Establishment Act, 1999 and allow the authority to order completion of the projects in accordance with Section 7 and 8 of RERA.

Most of these projects are at an advanced stage of completion and quick redressal will result in handing over completed apartments to close to 2,000 allottees, Chatterjee had stated.

Finally Chatterjee in the order said, "In view of the notification and the subsequent proceedings in the MPID Court, it has become untenable for MahaRERA to issue any directions/orders regarding project completion with the help of association of allottees under Section 7 and 8 of the RERA act, or even give adjudication with regard to refund of amounts paid or ruling with regard to awarding interest on delay, under the provisions of Section 18 of the RERA Act, at this stage."

"The rights of allottees in the project shall continue to be protected, and liberty granted to them to file fresh complaints at an appropriate stage, " said Chatterjee.