It is always said that any action if delayed then it costs the person who delays the action. A homebuyer recently suffered because he didn’t oppose the action of the builder on time.
By Varun Singh
This story is yet another reminder of why acting on time is necessary, a delay may end up hurting your own cause.
A homebuyer delayed his action and it ended up going against him at the end.
Homebuyer Ketan Kothari Trust approached MahaRERA against the developers Super Construction Company and Sangam Ananya Developers Pvt Ltd.
The Trust had booked an apartment admeasuring 710 square feet carpet area in the project Nero located in Bandra East.
The homebuyer approached for two reasons, firstly to register the agreement for sale and secondly for delayed possession.
It was found by MahaRERA that the builder had collected more than 10% of the consideration amount. Hence, the complainant is entitled to seek relief under section 13 of RERA (registration of agreement of sale).
The homebuyer had also sought relief under section 18 of RERA, which was seeking interest for delayed possession.
MahaRERA noted that the MOU signed by the developer number 1, it has agreed to handover possession of the flat to the homebuyer on or before MArch 31, 2017.
Thereafter by a letter dated December 19, 2018 the builder number 1 confirmed the said allotment and revised the date of possession of the flat to the homebuyer from March 31, 2017 to December 31, 2020.
Dr Vijay Satbir Singh, Member 1, MahaRERA in his order noted, “Complainant (homebuyer) till filing of his complaint on March 12, 2020 has not taken any action to oppose the revised date of possession. It should have taken appropriate steps at the relevant time even by approaching MahaRERA against the action on the part of builder number 1.”
Singh further stated, “The delay (in taking action) has not been explained by the complainant. Hence MahaRERA is of the view that the complainant has accepted the revised date of possession.”
The homebuyer was then allowed to seek relief under section 18 of RERA from January 1, 2021 till actual date of possession.
The builder was directed to pay interest to the homebuyer from January 1, 2021 for every month till the actual date of possession on the amount paid by the homebuyer at the prevailing rate of Marginal Cost of Lending Rate (MCLR) of SBI plus 2%.
