MUMBAI: In a recent order, the MahaRERA denied relief to two homebuyers of the Ekta Tripolis project in Goregaon who were seeking interest and compensation for delay in handing over possession of flats.
The regulatory authority stated that the claim of interest for delay or compensation for delay in possession under section 18 of the RERA can only be invoked when the promoter fails to complete the project or is unable to give possession as per the date specified in the agreement.
However, in this case, complaints were filed after the receipt of OC and after the offer of possession to the complainants.
The developer promised possession of flats on or before Dec 31, 2020, but failed. The promoter pointed out that despite the offer of possession along with OC in 2023, the complainants failed to pay further payment as per the agreement and did not obtain possession. The regulator said the complainants sought relief only in Jan 2024, which is after the completion of the project.
It also said that if the complainants had approached MahaRERA when the cause of action was surviving for them, the said claim of the complainants for interest could have been considered by MahaRERA on merits. MahaRERA said the reason cited that the respondent did not adjust the outstanding dues payable by them with the interest amount payable by the respondent while offering possession of flats, does not seem to be proper. Furthermore, by not obtaining the possession of the said flats, the complainants not only violated the provisions of section 19(10) of the RERA but also the provisions of section 19(6) of the RERA.
Source Homevior.in
