Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers
Aryan Raj
29 Nov 2024 12:30 PM IST
While allowing the complaints of Two homebuyers, Maharashtra Real Estate Regulatory Authority (Authority) bench comprising of Manoj Saunik (Chairperson) directed Spenta Enclave to pay interest to the homebuyers for the delay in handing over possession of the flat.
Background Facts
Homebuyers (Complainants) purchased their respective flats in the builder's (Respondent) project named Altavista - Phase 1, located at Kurla, Mumbai Sub Urban. The total sale consideration for the flats was Rs. 1,42,33,300/- and Rs. 98,57,995/-.
Further builder entered into an agreement for sale with the homebuyers on 05.07.2016 and 20.06.2017 respectively, according to which the homebuyers were expecting possession of their flats on 31.12.2018 and 31.12.2019.
However, even after paying substantial amounts of Rs. 1,41,69,447/- and Rs. 98,57,995/- to the builder respectively, the project was delayed and the builder failed to provide possession of the flats on time.
Therefore, being aggrieved both homebuyers filed separate complaints before the authority seeking interest for the delay. The authority clubbed the matters together for common adjudication.
Observation and Direction by Authority
The Authority observed that the remedy under Section 18 of RERA, 2016 is available to the homebuyers only after the promised date of possession or completion has expired. To address the issue, authority referred the due possession date stipulated under the Agreement for sale.
Authority observed that the builder failed to hand over possession with an occupancy certificate by the agreed date. This caused a significant delay in the project's completion. Therefore, the homebuyers are entitled to seek relief under Section 18 for the delay in possession
Consequently, the Authority directed that both homebuyers are entitled to claim interest for the delay in handing over the possession of their flats from the builder. Additionally, the Authority directed the second homebuyer to approach the adjudicating officer of the Authority to claim compensation for mental harassment and agony.
Case – Anil Kishinchand Rajani & Anr Versus Spenta Enclave Pvt. Ltd A/W 1 other
Citation – Complaint No. CC006000000193129 A/W 1 other
Date – 21 November
