In the recent judgement, MAHARERA expressed that Real Estate Regulation and Development Act ,2016 is not applicable on lease transactions. MAHARERA set aside the case of Jitendra Tulsiani who filed a complaint against “ Lavasa Corporation’s Brookview project at Lavasa city in Dasave in Pune claiming delay of possession by the developer. Bhalchandra Kapadnis, Member, MAHARERA, stated that the agreement signed between Tulsiani and the developer was an “agreement to lease of apartment”.However section 2(d) of RERA defines allottees and clearly excludes person to whom apartment is given on rent. Since the complainant has agreed to take an apartment from respondents on lease, MahaRERA does not get any jurisdiction to adjudicate upon this complaint,” he said.
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