Complainants Sharan and Vandana Lund asked MahaRERA that they be given peaceful possession of their flat in Imperial Heights Wing C and D, and also compensation, with interest at 12 per cent against delayed possession, rental hardship and agony.
A couple had approached the Maharashtra Real Estate Regulatory Authority (MahaRERA), requesting it to grant them possession of their flat in a building developed by Epitome Residency Private Limited and Special Purpose Vehicle (SPV) of Radius Developers in Goregaon West.
Complainants Sharan and Vandana Lund asked MahaRERA that they be given peaceful possession of their flat in Imperial Heights Wing C and D, and also compensation, with interest at 12 per cent against delayed possession, rental hardship and agony. The authority asked the developer to give possession to the Lunds by March 2018, failing which, it would be liable to pay interest to them.
The Lunds had purchased a 2.5 BHK for Rs 1.14 crore; the agreement was registered in 2009 and the agreed date of possession was before March 2011.
The developer argued that the delay was due to reasons beyond their control."The plot is held by BEST Undertaking and it was to be developed with private participation for the first time," the spokesperson for Radius Developers said, adding, "we therefore required permission approvals from the Urban Development Department of the state."
The spokesperson says that clients were given the option to cancel their booking and collect a refund in 2012.
"The project was also delayed since the statutory authorities were not certain about the grant of permission for the BEST Plot, and a conflicting stand was taken, resulting in building plans being amended many times," the developer said, "In the order, MahaRERA has upheld the contention of the Builder Epitome Residency Private Limited that they were not to be blamed for procedural conflict of authorities in granting permission and implementation of the approvals. The submission was that the project was delayed due to circumstances beyond the builder's control."
The developer, during the hearing, had stated that the development agreement was executed in 2007, by which he was allowed to use full potential of Transfer of Development Rights (TDR) of 60,350 sq metres.
However, the Municipal Corporation of Greater Mumbai (MCGM) refused and delayed approval of the plan. The issue was resolved only in 2014. Further more, the plot was wrongly classified in CRZ II; this was rectified only before the High Court, Bombay.
All of these were the reasons for the delay, said the developer.
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