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Developer asked to compensate tenants for possession delay

A total of three tenants of redevelopment project Mulund Ravi Kailash Cooperative Housing Society Ltd approached MahaRERA against the developer Manoj Patankar.

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While in most cases, tenants of redevelopment projects do not found respite easily, a bunch of tenants who had bought additional space from the developer approached Maharashtra Real Estate Regulatory Authority (MahaRERA) they were awarded relief by the housing authority recently.

A total of three tenants of redevelopment project Mulund Ravi Kailash Cooperative Housing Society Ltd approached MahaRERA against the developer Manoj Patankar.

They had registered an agreement with the developer on December 26, 2012. The agreement was for the purchase of additional space on an above the agreement as per the existing redevelopment policy.

The tenants approached MahaRERA as the date of possession in the agreement was over. They filed complaints praying for early possession of flats and payment of compensation.

The developer could not give satisfactory reasons for the delay in the project. He further said that he would try to complete the project as per the revised date which he gave to MahaRERA while registering the project.

Dr Vijay Satbir Singh, Member, MahaRERA who was hearing the case noted that the project has been delayed beyond the date of possession stipulated in the agreement.

Singh further mentioned, "Although the complainants are tenants, they are entitled to interest on the amount they have paid to purchase the additional area in the project."

Singh directed the developer to pay interest on the amount paid by the tenants under section 18 of the RERA Act 2016. The interest has to be paid from the date of possession mentioned in the agreement till the actual possession at the prescribed rate which is the rate of marginal cost lending rate (MCLR) plus two per cent as prescribed under the provisions of Section 18 of the act.

The matter was finally disposed of.

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