‘Providing promised amenities is developer's responsibility’

We took flat possession during Covid in 2020, but the developer has not formed the society till date. He has also not given the amenities mentioned in the purchase agreement. He has also not completed an entire grid in one of the buildings. When we ask for a no objection certificate (NOC) for transferring the power meter in our name, he seeks money, apart from maintenance charge, for giving the same. How can we go ahead against the developer?

- Sharmila Ranade

Riddhima Ganapathi, Chembur

A. Section 11 of Real Estate (Regulation and Development) Act (RERA) specifies the functions of promoters i.e. developers. It is their responsibility to form the society within three months once the majority of the flats (over 50%) are sold. Further, he has to complete the project within the completion date submitted to MahaRERA. If the project remains incomplete as on that date, the developer has to seek extension from MahaRERA with the consent of two-third of allottees. It is their statutory and contractual obligation to complete the project and provide the amenities promised in the agreement. Technically speaking, allottees should not accept possession and occupy a flat without the Occupation Certificate being in place. However, in practice, allottees take possession of incomplete projects owing to personal constraints. With regards to your grievance of paying money to get an NOC for transferring ownership of power meters, please check your agreement for the charges to be paid. The developer must have already taken some charges for obtaining the meter. If that is the case, asking for additional charges for giving the NOC is not right.