Consent of the buyer is necessary for split the ongoing project - Promoter cannot change the project without the consent of the Buyer
In the ‘Serene Kshetra Project case the Chairman of RERA decided against the Adinath Srinivasa Foundations who promoted the above project was condemned by the authority that ongoing project cannot be split without the consent of the buyers.
Adinath Srinivasa Foundations which without the consultation and the consent of the buyers which is mandatory according to the RERA Act, has unilaterally has modified the project. Eleven of the buyers who opposed the unilateral modification of the promoter and seeks the benefits of the RERA Act which comes in effect from June 2017.
The authority has also asked the promoter to register the project within two weeks and compelled to follow the RERA Act strictly. Now the consumerism in the real estate field was protected by the RERA Act and once again make consumer as the king.
The developer has interpreted splitting the project into phases as per his convenience as a statutory right, the order said, there does not appear any statutory right and automatic right conferred on the developer in this regard.
The Authour K.P.Satish Kumar M.L. is the leading RERA Advocate
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