MahaRERA dismisses plea of home buyer for delayed possession

Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint of a home buyer for delayed possession of a real estate project work. The RERA bench dismissed the complaint stating that it was premature after it came to the fore that the home buyer had not taken into account the further extension of the flat possession mutually agreed by the two parties.

The home buyer, Ashish Bothra had purchased an apartment situated in Haveli, Pune and registered an agreement of sale with the developer Lake District Realty Private Limited on April 4, 2013 and the date of possession given was September 2015.

“We need that the authority directs the developer to pay the interest for the delayed possession,” said Bothra. The advocate of the developer represented by Abir Patel argued that the complainant has mutually agreed in a memorandum of association which was executed on a stamp paper on March 16, 2015.

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

“The date of handing over the possession was agreed as June 2019,” said the advocate. The advocate for the complainant on the first date of hearing was not aware of the signed memorandum and sought for adjournment to seek instructions from the complainant.

During the next date of hearing while accepting that the two parties have executed that the memorandum of understanding and argued that the developer be directed to register the said document as supplementary agreement .

The RERA authority has said that it was not necessary to give any such direction. “The date of possession is September 2015 and has failed to take into account the further extension is mutually agreed by parties,” said the RERA order. The RERA order dismissed the complaint of home buyer stating that there was no delay as alleged by him and the complaint is premature.