Authorities set September 2018 deadline to hand over possession to buyers, as opposed to December 2019
When a group of home buyers approached the Maharashtra Real Estate Regulatory Authority (MahaRERA) for an early possession from a builder, the authority actually heard them and allowed it, too.
Nearly a dozen home buyers approached the authority earlier this month against Kumar Builders Mumbai Realty Pvt Ltd to get possession in a building named Kul Tulip in Ghatkopar.
The complainant had stated that the date of possession as per agreement was March 31, 2015, however, till date no possessionis were received. The developer has also put the revised proposed date of completion on the MahaRERA website as December 2019. The buyers informed the authority that they had no intention to wait so long and therefore approached the authority for and early and exact possession date. They have also sought an interest on the payments made so far and compensation for the delay in possession.
The developer, in response to the complaint, had cited reasons beyond his control which delayed the completion of the project.
Further, the developer also stated that since the matter was in arbitration, he had to approach the arbitrator for any construction work of the project. The construction work is still in progress and will be ready for possession by December 2019, the developer had said.
The complaint was heard by Chairman MahaRERA, Gautam Chaterjee. “On the basis of the mentioned facts, we feel that the developer should hand over the possession of the said apartments to the home buyers on or before September 15, 2018, which is a reasonable time for completion of the pending work in the project along with OC and the same is also commensurate with the extent of development work pending, in accordance with rule,” Chaterjee said in his order.
The authority further ruled that if the developer fails to hand over possession by September 15, 2018, the developer shall be liable to pay interest to the home buyers from September 16, 2018 till the actual date of possession, on the entire amount paid by the complainant to the developer.
CASE DETAILS
- The date of possession was March 31, 2015.
- The developer revised the date of completion on the MahaRERA website as December 2019.
- The authority directed the builder to handover flats on or before Sept 15, 2018.
- In case of delay, the builder shall be liable to pay interest to buyers.
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