Pune: MahaRERA directs builder to deliver unfulfilled promises

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A Pune-based builder was directed by The Maharashtra Real Estate Regulatory Authority, Mumbai (RERA) to provide the facilities promised to a couple after they filed a petition with the board. The couple alleged that the builder did not provide them with Italian marble flooring in their apartment as promised. The forum also directed the builder to pay Rs 20,000 as compensation to the couple.

The incident had come to light, after Saurabh Poredi and Sayali Ramesh Kakade had moved a petition with the board by their lawyer Surabhi Mehta against the Pune-based Oxford Realty LLP of Godrej Infinity.

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"We had booked a flat in the Signature Tower I of the Oxford Realty LLP registered under Godrej Infinity in Keshavnagar. While booking the flat, we were promised Italian marble flooring in a living room, two bedrooms and the kitchen. However, at the time of agreement for sale, they did not mention it in Annexure-H. Instead, they mentioned vitrified tiles, without bringing it to their notice."

Mehta said that they are guilty of unfair practice within section 7 of RERA act. It was further mentioned that this project has not adhered to the sanctioned plan and project specifications and they contravened with section 14 of RERA norms."

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Defence lawyer Manjiree Joshi pleaded not guilty and argued, "Pordi were shown two types of flats - one was of normal specification and the other one was premium. Pordi had booked the flat normal specification and therefore vitrified tiles were mentioned in the document. As the premium flat was of a higher value, Pordi and Kakade could avail Italian marble tiles only upon the payment above the sales prices. When the complainant raised the issue in order to resell it, the builder showed the willingness to provide raw marble slabs of different sizes to them after he takes the possession of the flat for carrying out renovations, provided he bears the labour cost for fitting them.

The RERA forum member and adjudicating officer BD Kapadnis observed that, "Although the sale deed document mentioned about vitrified tiles, the brochure was given to them on December 7, 2018, explained the additional features would get in premium rate and it mentioned about Italian marble would be placed. This clearly shows that Italian marble flooring would be provided to the living room, bedrooms and kitchens. There is no mentioned in the brochure that it is for the flats of the premium specification."

The forum member has therefore ordered the builder to provide Italian marble flooring to the living room, bedrooms and kitchen of the Pordi's flat without charging any extra money and pay Rs 20,000 to him.

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