Buyers in Mulund housing project see no hope despite new developer

Mumbai: Nearly 400 home buyers who purchased flats in Nirmal Lifestyle’s US Open housing project in Mulund West have been waiting for their homes for close to 12 years. Now they are worried that their wait may be prolonged even further after a new promoter, who took over the project, has not made much progress either.

Launched with much fanfare and named after the tennis grand slam tournament by the Nirmal group, the US Open project comprising five buildings—Matchpoint, Aces, Centre Court, Game Point and Grand Slam—ran aground from 2014 onwards after 19 of the 40 storeys of the first two buildings were built. Collectively, all five buildings had nearly 1,000 home buyers who had paid between 70 to 100 per cent to the original developers. Possession was promised between June and December 2015.

The lenders of the project took charge under the SARFAESI Act, and handed over the project to Ricardo Construction Pvt Ltd, a part of the Shapoorji Pallonji group, in June 2019. In August 2019, Ricardo Constructions was made the new promoter by MahaRERA. In an interim order in September 2020, the then MahaRERA chairperson Gautam Chatterjee had directed the new promoter to obtain the pending approvals from the competent planning authority and start construction.

“Although the registration of the project with MahaRERA lapsed on March 30, 2021, the new promoter only moved an application for extension last month,” home buyer Ravi Kuchian told HT. “In May, they sought fresh consent from home buyers, and though only 51 per cent is required, more than 70 per cent of home buyers have given their consent.”

In November, when the buyers approached the Bombay high court for a direction, a bench comprising Justice S V Gangapurwala and S G Dige directed MahaRERA to decide the application “expeditiously” and “if possible preferably within three months”.

When contacted for comments, a spokesperson for Shapoorji Pallonji Real Estate Ltd said, “The project suffered from a lack of approvals on account of issues affecting the larger layout as well as COVID-19. We have relentlessly worked with the relevant authorities between 2019 and 2022 to delink the project from the issues affecting the legacy larger layout, including filing appeals with the revenue department and have obtained the necessary delinking and approvals only a few months back. Due to this regulatory issue, the statutory time limit for completion of the project expired.

“With the approval of the majority of flat purchasers, applications have been made before the Hon’ble MahaRERA for an extension of statutory timelines. As per the recent hearing held before MahaRERA, it was observed that the grant of an extension is a regulatory process and will be taken up by the Authority separately,” the spokesperson said, adding that since the company acquired the project in 2019, it had neither collected any payments from flat buyers nor undertaken any sale of units.

“Ricardo, as a responsible developer, remains committed to the project and will take matters forward, keeping in mind the interest of all stakeholders,” the spokesperson concluded.

Voices

Sivaramkrishna

My family booked a flat in 2010 and we were promised possession by December 2013. But the project was indefinitely delayed. In 2019 when Shapoorji Pallonji group took over as the promoter, we really hoped that now it will be completed swiftly. But, it’s over three years and nothing seems to be moving. I am retired and now have to live in a small rented house without a lift. My retired wife had to take up employment again at the age of 60. We want Shapoorji Pallonji group to start construction immediately.

Prakash Agdekar

I booked my flat in Match Point building in November 2013 and were promised possession in December 2015. I have paid 72 per cent of the total amount for the flat, but after 2017 the construction has stopped completely, and hasn’t restarted even after a reputed developer like Shapoorji Pallonji took over the project. My family has been living in a rented flat, and my retirement is just two years away.

Ravi Kuchian

I booked my flat in Aces in 2013 with the promise of possession in 2015. I am paying an EMI for the home loan, and during the pandemic, I lost my job. I struggled to find another job, and finally found one in Bengaluru. I had no option but to move to Bengaluru. We approached MahaRERA and even held meetings with Shapoorji Pallonji CRM team and management, but no one is giving us clear indication of when the project work will start. We can’t be waiting endlessly.

Kamlesh Pahuja

I have a large family, and therefore we booked two flats in Match Point building in 2012 with possession promised by Nirmal Lifestyle in 2016. We have paid 75 per cent of the total consideration. Now a new promoter has taken over but still the project has not recommenced. The financial strain on the family became too much to bear, and we had to sell off our flat to pay off the home loan. Now we are staying in two rented flats, and are paying over ₹70,000 in rentals alone.