Homebuyers Failed To Make Timely Payment, MahaRERA Orders Homebuyers To Pay Dues To Builder With Interest
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member-I), has directed homebuyers to pay the remaining amount with interest to Kapstone Constructions Private Limited, the builder, after they failed to make payment as per the terms and conditions of the agreement for sale.
Background Facts
The builder (Complainant) is constructing a RERA-registered project named Rustomjee Azziano Wing F. The homebuyers (Respondents) booked a flat in this project, costing Rs. 1,11,15,000/-, by entering into an agreement for sale dated 24-10-2016.
The builder completed the construction and obtained the occupation certificate on 06-02-2018. Despite multiple requests for payment, the homebuyers paid only Rs. 94,47,750/-, which is 85% of the total amount. The builder raised a final demand on 28-03-2018 for Rs. 29,96,673/, which the homebuyers did not pay, citing delays in disbursement from DHFL bank.
Aggrieved by the delay in payment from the homebuyers, the builder filed a complaint before the authority seeking payment of the outstanding dues and holding the homebuyers accountable for violating sections 19(6), 19(7), and 19(10) of the Real Estate (Regulation & Development) Act, 2016.
Observation and Direction by Authority
The authority referred Section 19(6) of the Real Estate (Regulation and Development) Act, 2016, which is read as follows:
19. Rights and Duties of Allottees
“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 held that homebuyers, being the allottees of this project, are liable to make payment in accordance with the terms and conditions of the agreement for sale. In case homebuyers fail to do so, the builder is entitled to terminate the agreements for sale as per the provision of Section 11(5) of the RERA, 2016.
The authority further held that the builder has complied with the statutory duties imposed by the RERA, 2016 legislation by completing the project and obtaining the Occupancy Certificate on 06.02.2018. Therefore, homebuyers are under a statutory obligation to make the balance payment to the complainant as per the terms and conditions of the agreement for sale.
Therefore, the Authority directed homebuyers to make payment of the outstanding dues with interest to the builder within 30 days.
Case – Kapstone Constructions Private Limited Versus Praveen Kumar Sing & another
Citation - Complaint No. CC006000000210259