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Commercial or industrial? MahaRERA sides with buyers in Jangid Annexe row

Builder’s own agreements become key evidence in MahaRERA ruling, Authority says promoter cannot market units as commercial and later claim they are industrial to avoid jurisdiction

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Jangid Annexe project in Jogeshwari East; MahaRERA has allowed 17 buyer complaints against the developer to proceed, rejecting builder’s claim that units were outside its jurisdiction. Pics/Advocate Anil D’Souza

Jangid Annexe project in Jogeshwari East; MahaRERA has allowed 17 buyer complaints against the developer to proceed, rejecting builder’s claim that units were outside its jurisdiction. Pics/Advocate Anil D’Souza

In a significant order that could strengthen buyer protection under RERA, MahaRERA has rejected an attempt by Jangid Homes Pvt Ltd to dismiss 17 complaints filed by purchasers in the delayed Jangid Annexe project at Jogeshwari East.

The builder had argued that the units were industrial in nature and therefore outside MahaRERA’s jurisdiction. However, MahaRERA Member-II Ravindra Deshpande held that the complaints are prima facie maintainable, noting that the promoter had consistently represented the project and units as commercial before both purchasers and the regulator.

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