TG RERA Orders Real Estate Firm to Hand Over Common Areas to MCOR Apartment Members

In a significant victory for MCOR apartment members, the Telangana State Real Estate Regulatory Authority (TG RERA) has issued orders to a Hyderabad-based real estate firm, MCOR LLP Projects, to hand over the physical possession of the common areas of the project. This decision comes as a major relief to the residents who have been facing issues with the management and control of these areas.

The TG RERA order, issued on May 17, clearly states that the respondent should strictly adhere to the sanctioned plans as approved by the competent authority. Any deviation from these plans will result in penal consequences as per the RERA Act 2016.

“The real estate firm is restrained from interfering in any manner with the administration, control, or use of the common areas, as such rights exclusively vest with the MCOR apartment association upon issuance of the occupancy certificate,” according to orders issued by TG RERA chairman N Satyanarayana and RERA members K Srinivasa Rao and Laxminarayana Jannu.

The complainant, MCOR apartment members who are also allottees and residents of the project known as ‘Darbar’ developed by the respondent, had complained to TG RERA about several issues. According to the sanctioned layout plan, each flat was to be allotted a parking space of 125 sft. However, the respondent provided only 100 sft of parking per flat, reducing the allotted space and carving out five additional parking slots. These additional slots were then sold to other residents, causing inconvenience to the original allottees.

In June 2023, the apartment members received the occupancy certificate, but the respondent deviated from the approved plan and continued to exercise control over the common parking areas. The respondent also threatened to occupy the children’s play area for personal use. The complainants urged TG RERA to surrender the five additional parking slots to them as per the sanctioned plan.

The TG RERA stated in the orders that as per the sanctioned plan, the stilt floor car parking consists of 25 parking lots, and the same should be followed by the respondent. The authority also ordered the respondent to hand over the physical possession of the common areas.

This decision by TG RERA is a significant step towards ensuring that real estate developers adhere to the approved plans and respect the rights of the apartment members. It sets a precedent for similar cases and highlights the importance of regulatory bodies in maintaining transparency and accountability in the real estate sector.