A group of more than 50 homebuyers has filed a complaint with Kashimira police in Mira Road against DB Realty, under the Maharashtra Ownership Flat Act (MOFA), accusing the builder of delaying the project DB Ozone at Dahisar -Mira Road and misleading them about the possession date. However the builder denied the allegations.
The complainant, Abhijit Dhiwar, said he had booked a flat in the DB Ozone project in 2010. He had registered the flat after two years and was promised possession in December 2014, his complaint stated. There was a grace year to complete work but the builder failed to meet the deadline, he said. Dhiwar, along with others, tried to find an amicable solution and demanded compensation for the delay. Dhiwar said, "Since there was no proper reply from the builder, we started approaching various authorities. He is misleading us about the possession date. He has given us a new possession date of November 2017 but he mentioned the date as December 2019 on the Maharashtra Real Estate Regulatory Authority (Maha RERA) website.” Few other flat-buyers who recorded their statements against the builder alleged that he was charging Rs1000 per sq. ft. extra, which was not mentioned in the offer letter.
Denying all the allegations made by the consumers, the legal representative of DB Realty, Shailendra Mishra stated there is a competent authority to look into MOFA cases. In case of any disputes, the buyers should approach the said authority first. The police cannot register and investigate the case as the competent authority will decide if there is any violation by the builder or not. He also mentioned that the delay in the project was unintentional and happened due to certain uncontrollable circumstances and now work in the project has been accelerated with an intention to complete within the given deadline. He also added that they have already submitted their reply to the concerned authorities and have done nothing wrong in charging Rs 1,000 per sq. ft. from buyers, as it was clearly mentioned in the agreement.