Mumbai, June 9 -- In a departure from individual homebuyers dragging builders to court over delays, an infrastructure company-turned-homebuyer has moved the Maharashtra Real Estate Regulatory Authority (MahaRERA) seeking registration and execution of a sale agreement based on a 2020 Memorandum of Understanding (MoU). The infrastructure firm, Capacit'e Infraprojects Limited, was assigned two flats in the Avenue 54 project in Santacruz West by the promoters - Sumer Radius Realty, Sumer Buildcorp and Radius Estate Projects, Capacit'e said in its complaint to MahaRERA. Both flats were assigned to the firm via an MoU on January 24, 2020 towards settlement of outstanding construction dues, the complaint noted. The promoters, however, delayed and ultimately failed to execute and register agreements for sale for the two flats as required under the Real Estate (Regulation and Development) Act, 2016, Capacit'e said. Full consideration for the flats had effectively been paid via adjustment of outstanding dues and the promoters' failure to execute registered agreements constituted a violation of section 13(1) of the Real Estate (Regulation and Development) Act, it noted. Section 13(1) prohibits promoters from accepting more than 10% of an apartment cost as advance/ application fee without first executing and registering a written agreement for sale. Capacit'e sought directions compelling the execution and registration of agreements for sale, imposition of penalties on the promoters and an injunction restraining the creation of third party rights in the two flats. After examining the record, MahaRERA member Ravindra Deshpande found that Capacit'e Infraprojects' claims remained substantially unchallenged. The MoU and allotment letters demonstrated that the two flats had been earmarked for transfer in settlement of outstanding dues owed by the promoters, and the latter had received the full consideration for the properties. Yet, no registered agreement for sale was executed, thereby constituting a violation of section 13(1) of the Act, MahaRERA said. On May 27, MahaRERA partly allowed the complaint and said that upon revival of the project, the promoters must execute and register agreements for sale in respect of the two allotted flats. The promoters were ordered to pay Rs.20,000 towards litigation costs incurred by Capacit'e Infraprojects, but all other reliefs sought by the latter were rejected....