MahaRERA Orders Developers To Complete Amenities, Allot Permanent Parking In Navi Mumbai's Kharghar Project
· Free Press Journal
Mumbai, March 30: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a developer to complete pending amenities and allot permanent parking spaces to flat owners in a residential project in Kharghar, Navi Mumbai, within stipulated timelines.
Order on complaint by flat owners
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The order was passed by MahaRERA Member Mahesh Pathak while partly allowing a complaint filed by several flat purchasers against Bhagwati Developers in relation to the project “Bhagwati Greens 2.”
Allegations of incomplete amenities
According to the order, the complainants approached MahaRERA alleging that despite the project receiving a full Occupation Certificate (OC) on January 9, 2025, several promised amenities such as a swimming pool, landscaped garden, children’s play area, gym, and sports facilities were either incomplete or not operational.
The allottees also raised grievances over the absence of permanent parking allocation, stating that only temporary or ad hoc arrangements had been made, which they termed unfair and non-transparent.
Concerns over layout changes
The complainants further alleged that the developer was attempting to modify the project layout and utilise additional FSI even after completion, without fulfilling earlier commitments made in the brochure and agreements for sale.
They sought directions for completion and operationalisation of all amenities, fair allotment of permanent parking, and restraint on further changes or bookings until compliance.
Developer’s defence
The developer, however, contested the complaint, arguing that a similar plea filed earlier by an association of allottees had already been dismissed, making the present complaint not maintainable.
It was also contended that parking spaces had been allotted on an ad hoc basis and that permanent allocation would be undertaken upon full completion of the project.
MahaRERA’s observations
After examining the submissions and records, MahaRERA observed that the earlier complaint had been filed before the project received its OC, whereas the present case involved a fresh cause of action arising after possession was granted.
The authority held that once an OC is obtained and residents have taken possession, the promoter is obligated under the Real Estate (Regulation and Development) Act, 2016, to complete and operationalise all promised amenities within a reasonable time.
From the record and submissions, MahaRERA noted that several amenities promised in the brochure and agreements, including the swimming pool, landscaped garden, children’s play area, sports facilities, and other recreational amenities, were either incomplete or non-operational. It also observed that the developer had failed to provide any definite timeline for completion.
The authority rejected the developer’s contention that the project was not fully complete due to proposed additional construction, stating that such a plea cannot prejudice existing allottees who have already taken possession following the grant of the OC.
Directions issued by authority
In its order, MahaRERA directed the developer to complete all common amenities and make them operational within six months. It also instructed the developer to provide a detailed timeline for completion of each amenity to the allottees within 30 days.
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Consumer Connect: 'MahaRERA Is A Better Option For Homebuyers,' Says ExpertAdditionally, the authority directed the developer to allot and demarcate permanent parking spaces to eligible flat owners in a fair and transparent manner within one month.
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