Nirman Developers defy RERA Orders, avoid refunding Viviana flat-buyer

Mumbai, 22 May, 2018: Those who have purchased flats from Nirman Realtors & Developers Pvt Ltd (NRDL) should become alert after seeing the builder's blatant defiance of RERA orders, and their tricks to avoid repaying a home-buyer Rs 18 lakhs plus interest. The case of home-buyer Suvarna Deokule, who is a teacher singlehandedly raising her two children, speaks for itself. Suvarna bought a flat for herself and her two children in Nirman Viviana, Neral, and paid close to Rs 18 lakhs in various installments in 2015, because she was informed that she would get possession before 15th December 2015. However, as possession was not given until 2018, Suvarna filed a complaint before RERA, seeking to withdraw from the project.

Suvarna Deokule with her two children.

Rajendra Sawant of Nirman Group filed an affidavit-in-reply, pleading that the delay in possession was due to ban on sand mining, etc.

On 28th February, 2018, BD Kapadnis gave a clear order in Suvarna's favour, directing Nirman Group to refund her dues with 10.05% interest. Read MahaRERA order dated 28-2-2018.

Defying the RERA order, Nirman unilaterally proposed a 9-months repayment schedule, but did not actually repay a single rupee to Suvarna. So Suvarna promptly approached RERA for compliance and execution of their order. Following a hearing on 2nd May, Kapadnis promptly passed an order directed at the District Collector, Raigarh, for execution of the warrant under section 40(1) as arrears of land revenue. Read the MahaRERA order dated 4-5-2018

A builder with intentions of abiding by the law would have paid the money owed to Suvarna Deokule. Instead of doing so, Nirman has ill-advisedly chosen to go in appeal against the first order, while completely ignoring the second order. See this email notification received on 19th May from the Real Estate Appellate Tribunal. It must be noted that this appeal has been filed 82 days after the first order, and what is worse, it was filed after the order for its execution was given vide the second order.

How long will Nirman Developers continue to avoid repaying their aggrieved flat-buyer? Wait and watch.

Krishnaraj Rao

Nirman Realtors & Developers emailed their rejoinder, which is reproduced here

Also read:Attention 1BHK flat-buyers of Nirman Nano City Neral: You were duped!


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