Mumbai: RERA relief to home buyer, gives a reasonable date of possession

— By Staff Reporter | Mar 20, 2018 10:07 am

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Mumbai: The MahaRERA (Maharashtra Real Estate Regulatory Authority (RERA) provided relief to a home buyer by giving a reasonable date of possession and directing the developer to complete the work within the stipulated time. The RERA acted on a complaint filed by a home buyer which was related to unreasonable date of possession given by the developer.

The complainant Abhudhay Dev approached the RERA bench with a complaint against developer Pyramid Developer. Dev had entered into an agreement for sale on October, 2015 to purchase an apartment in ‘The Nook Phase 1” situated at Mulshi, Pune.

“The date of possession as mentioned in the said agreement is August 2016 and the date of possession was given 10 months from the date of the agreement. The revised date of possession given by the developer was October 31, 2018 which is unreasonable,” said Dev.


The complainant also alleged that the developer had failed to provide the possession even after paying at least 95 percent of consideration amount to the developer. “The developer has also failed to provide the possession within the stipulated period and hence is liable to pay interest amount under provisions of section 18 of the ReaI Estate (Regulation and Development) Act, 2016,” added Dev.

The advocate for the developer, Shivam Nagalia argued the construction work of the project was delayed due to reasons which were beyond the control of the developer. control. Nagalia also argued that there had been delays in receiving sanctions for the environmental clearance.

After reviewing the MahaRERA registration of the developer, the RERA bench observed that the developer had put October 31, 2018 as revised date of completion of the project work.

“As per the provisions of the Rule 4 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 the revised date of possession for an ongoing project has to be commensurate with the extent of balance development,” stated the order.

The RERA bench thereby ordered the developer to handover the apartment with Occupancy Certificate before July 31, 2018, failing which the developer would be liable to pay the interest to the complainant. The said interest shall be at the rate as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules, 2017.