Mumbai: Prepone possession date by 3 years, RERA orders developer

Mumbai: A home buyer who approached MahaRERA (Maharashtra Real Estate Regulatory Authority) with a complaint pertaining to unreasonable possession date, got a relief after the bench ordered the developer to prepone the possession date of the project by three years. The RERA bench ordered for preponement of the possession date of the project from 2022 to 2019, failing which the developer would be liable to pay the interest rate till the actual date of possession.

The complainant Tufail Quddus approached the RERA bench with the complaint against developer Hindustan Builder Quddus had purchased an apartment in the project named ‘Minnat Apartment’ situated in Kurla through a signed agreement dated November 30, 2012.

“The developed had given the date of possession as December 31, 2014 orally and till date the developer has not handed over the possession of the said apartment. The developer has put a revised proposed date of possession as 31 December, 2022 while registering the project with MahaRERA,” said Quddus.

Quddus said that he needed the authority to direct the developer for early possession and delayed interest on the total consideration paid up to the physical possession of the said apartment.

The advocate of the developer, Manjula Kotwal in his defense said no date of possession was mentioned in the said agreement due to the uncertainties in the project which are well stipulated for in the said agreement. Hence, the complainant is not liable to ask for interest for delayed possession.

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The RERA bench said that revised possession date of December 2022 put out by the developer is unreasonable time period for completion of the project as the revised date has to be commensurate with the extend of balance development. This has been mentioned in the rule 4 of Maharashtra Real Estate (Regulation and Development) Registration of Real Estate Projects, Registration of ReaI state Agents, Rates of Interest and Disclosures on Website Rules,2017.

The bench ordered that the respondent must hand over the possession date of the said apartment with Occupancy Certificate to the complainant before the period ending September, 2019, failing which the respondent would be liable to pay interest to the complainant from January 1, 2021 till actual date of possession. The said interest shall be at the rate as prescribed under RERA rules.