MahaRERA the state’s RERA authority recently denied relief to a homebuyer, who was seeking possession and interest from developer on account of delay in possession. Read the reason why he was denied relief.
By Varun Singh
Real Estate Regulatory Authority (RERA), was brought in to bring in transparency in the real estate sector.
In Maharashtra, the RERA authority is called MahaRERA and it is one of the most efficient in the country.
Recently when a homebuyer approached the state’s RERA authority he was denied relief.
Homebuyer Kishor Kotkar approached MahaRERA against builder Karda Constructions Ltd, for a project located in Borivali.
The homebuyer was seeking possession of his flat and interest from the builder for delayed possession.
The homebuyer had booked the flat on August 24, 2019. The registered agreement for sale was entered into between him and the builder on June 16, 2020.
According to the agreement, the builder was liable to handover possession of the said flat to him on or before December 31, 2020.
The homebuyer further stated that out of total consideration amount of Rs. 34,51,000 till date, he has paid an amount of Rs. 15 lakh and the remaining dues has not been paid since the possession has not been handed over to him.
Hence, he prayed for possession and interest for the delayed possession under section 18 of the RERA.
Dr Vijay Satbir Singh, MahaRERA, Member 1, while hearing the case stated, “During the course of hearing, the complainant himself has admitted that he has withheld the payment of outstanding dues to the respondent since it has not handed over possession of the said flat to him.”
Singh further stated, that in this regard, the MahaRERA is of the view that as per the provisions of section 19(6) of the RERA, the complainant allottee is liable to make timely payment as per the schedule mentioned in the agreement for sale signed by both the parties.
The order futher noted, “Since, the complainant himself has admitted his own default in timely payment. The MahaRERA therefore is of the view that the complainant (homebuyer) is not entitled to seek any relief under section 18 of the RERA.
Moreover, from the webpage information uploaded by the developer on MahaRERA webpage, it appears that the revised completion date of the project is 30-06-2021. Hence, the builder is bound by the said date of completion.
Finally Singh ordered, “In view of these facts, the MahaRERA directs the builder to complete the project and handover possession of the flat to the complainant (homebuyer) on or before June 30, 2021 by obtaining occupancy certificate.
Failing which the homebuyer would be entitled to seek interest for the delayed possession from July 1, 2021 for every month till the actual date of possession on the actual amount paid by the complainant at the prevailing rate of Marginal Cost of fund based Lending Rate (MCLR) of SBI plus 2% as prescribed under the provisions of section 18 of the Real Estate (Regulation and Development) Act, 2016 and the Rules made there under.
The MahaRERA further directed the homebuyer that he is also liable to make the timely payments to the builder in accordance with the terms and conditions of the agreement for sale signed by both the parties.