Marvel Omega Builders challenges Goel Ganga Developments over handing over of flats without obtaining completion certificate

A high-stakes dispute between two prominent city developers has escalated after Goel Ganga Developments LLP handed over possession of flats in the Ganga Utopia project, located in Bavdhan, without securing necessary completion or occupancy certificates (OC).

Vishwajeet Jhavar, director of Marvel Omega Builders Pvt. Ltd. (MOBPL), who has several cases pending against him, has filed a complaint with the Pune Municipal Corporation (PMC) against Goel Ganga Developments LLP (GDD), alleging illegal handover of the flats. Interestingly, Jhavar also issued notices to 142 flat buyers, cautioning them to consider the legal implications and consequences before taking possession.

Speaking to Pune Times Mirror, Vishwajeet Jhavar stated, “We have raised objections as flat buyers receiving possession in Ganga Utopia project without completion certificate. There’s a pending civil dispute between us regarding the Floor Space Index (FSI) used illegally.

Since the matter is subjudice, I won’t comment further. However, in good faith, I’ve sent notices to all flat buyers today.” This development highlights concerns about regulatory compliance and buyer protection in the real estate sector. The dispute centres around GDD’s alleged failure to obtain the required certificates, potentially putting buyers at risk.

However, Subhash Goel of GDD refuted the allegations, stating, “The claims are false. We haven’t handed over possession to anyone; we’ve only allowed unit holders to enter for furniture fitting purposes.”

The notice

Mirror received a copy of the notice issued by Jhavar, in which he made several allegations against the GGD. According to his notice, the land on which the Ganga Utopia project was developed was originally owned by MOBPL. A portion of this land was sold to GGD through a registered deed of conveyance in 2018.

Jhavar further stated that MOBPL and GGD had also entered into a tripartite agreement but the latter breached the terms and conditions of the agreement. They also consumed more FSI than what is permissible and have also illegally consumed FSI of the remaining portion of the larger land which is owned by MOBPL in the construction of the building in the project known as ‘Ganga Utopia’, which is not only contrary to the terms of conveyance deed but it is also contrary to the provisions of Unified Development Control and Promotion Regulations (UDCPR) for the state of Maharashtra. The dispute in this regard is pending in the civil court between MOBPL and GGD.

The notice further states that the entire building, which is part of the said project known as ‘Ganga Utopia’, has been illegally constructed without following the norms and rules of UDCPR. Furthermore, a testament to the above illegality is also that the developer of the project has till date failed to obtain a valid building completion certificate from the concerned planning authorities in respect of the completion of building. The developer, without obtaining the completion certificate, illegally attempted to hand over possession to the flat buyers, which is contrary to the provisions of RERA Act, 2016. Jhavar has also mentioned in the notice: “You are advised in good faith to consider all the legal implications and consequences before taking or receiving the possession of the flats purchased in Ganga Utopia.”

MahaRERA website says…

Interestingly, Pune Times Mirror also checked the website of MahaRERA on which the Goel Utopia project is registered. The website also shows that the GGD has not received a completion certificate.

PMC’s reaction

When Mirror spoke to Mahesh Shelke, the building inspector of PMC, he said, “The PMC has not issued a completion certificate to the Ganga Utopia project owned by Goel Ganga Developments LLP. We have received a letter from the Marvel Omega Builders Pvt. Ltd. We will be visiting the site and proceed with the action further.”

Meanwhile, Ganesh Joshi, a Ganga Utopia resident, said, “We received Marvel Builders’ notices, but it’s a dispute between them and Goel Ganga Developers. We’ll review our agreements and court orders. Everything is in place, and we’re not facing difficulties. The issue revolves around FSI, and Marvel has filed a complaint with PMC.”

We have raised objections as flat buyers receiving possession in Ganga Utopia project without a completion certificate. There’s a pending civil dispute between us regarding the Floor Space Index (FSI) used illegally. — Vishwajeet Jhavar, Director, Marvel Omega Builders Pvt. Ltd.

The claims are false. We haven’t handed over possession to anyone; we have only allowed unit holders to enter for furniture fitting purposes. — Subhash Goel, Director, Goel Ganga Developments LLP