Failure To Make Timely Payments, MahaRERA Directs Homebuyer To Pay Rs. 1.18 Crore with Interest To Transcon Developers

Background Facts

On October 10, 2020, the homebuyer (Respondent) booked flats in the builder's (Complainant) project named AURIS BLISS located in Andheri, Mumbai Suburban District. According to the agreement executed on December 31, 2020, the total consideration for the flats was Rs. 1,53,00,000, and the homebuyer had paid Rs. 15,18,525 to the builder. As per the agreement, possession was supposed to be delivered by June 30, 2024.

However, the builder contended that despite agreeing to make further payments, the homebuyer failed to pay the outstanding amounts as per the payment schedule. As of May 2022, an amount of Rs. 1,18,15,845 was still due.

Therefore, the builder issued several interest letters to the homebuyer, requesting payment and informing them of accruing interest at 9% per annum on overdue amounts. Despite these efforts, the homebuyer did not respond to any correspondence.

On March 2, 2021, the builder issued a cancellation notice, demanding payment of Rs. 50,14,343. The builder also provided a final chance for payment, warning that failure to comply would result in the cancellation of the sale and termination of the agreement without further notice.

However, even after not receiving the due amount, the builder filed a complaint before the authority seeking recovery of Rs. 1,18,15,845, interest of Rs. 12,85,620, cancellation of the agreement, execution of the cancellation deed, and permission to sell the flat to a third party.

Observation and Direction by Authority

The Authority referred to Section 19(6) of the Real Estate Regulation and Development Act 2016, which states:

19. Rights and duties of allottees.

(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any.

The authority observed that the homebuyer, being the allottees of the project, are obligated to make payments according to the terms and conditions of the agreement for sale. Failure to do so entitles builder to terminate the agreement for sale, as per the provisions of Section 11(5) of the RERA, 2016.

The authority observed that the homebuyer had a legal duty to make the remaining payments to the builder according to the terms of the sale agreement, which is binding on both parties. However, despite receiving demand letters from the builder, the homebuyer failed to make these payments for the flat, thus violating Section 19(6) of RERA, 2016.

The authority also held that since the homebuyer violated Section 19(6) of RERA, they are required to pay interest for the delayed payment period as stipulated under Section 19(7) of RERA, 2016.

Thus, the authority provided the homebuyer with a final opportunity to make the required payment to the builder for the booked flat, along with interest for the delayed payment. The authority also held that if the homebuyer fails to make the payment, the builder can terminate the sale agreement.

Case – Transcon Developers Private Limited Versus Shabana Zakir Hussain Sayyed & anr

Citation - Complaint No. CC006000000251358