The Maharashtra Real Estate Regulatory Authority observed that while the Respondents had mentioned the proposed date of completion of the project as 31.12.2021 and later revised it to 29.12.20222 on the MahaRERA website, the draft agreement reflected the date of possession as 31.12.2019, opined that now, the date of the possession cannot be changed, irrespective of whether it was rightly or wrongly put in the draft agreement for sale.
The Respondent, therefore, was directed to refund the entire amount paid along with the interest at the rate of SBI’s Highest Marginal Cost Lending Rate plus 2% as prescribed under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “RERA”). It was also held that the Respondent was entitled to claim the benefit of the “moratorium period” concerning the payment of interest, which was to be paid within a period of 6 months from the date of this order.
Brief Facts:
The present complaint has been filed seeking directions to the Respondent for refunding the entire amount paid by the Complainants as per the provisions of the RERA regarding a flat booked under the Respondent’s project.
Brief Background:
As alleged by the Complainants, the flat was purchased based on representations of the Respondent that the possession would be delivered latest by 31.12.2019. However, when the Complainants saw the draft agreement of sale, it was observed that it was not in compliance with the sale agreement as prescribed under RERA. Therefore, it was decided to cancel the booking and claim refund. The Respondent refunded some amount, and the rest was promised to be refunded within 3 months. 9 months have elapsed since then, but no balance has been refunded.
Observations of the Authority:
It was noted that the Complainants have not placed any allotment letter on record to prove the agreed date of possession.
Further, it was observed that while the Respondents had mentioned the proposed date of completion of the project as 31.12.2021 and later revised it to 29.12.20222 on the MahaRERA website, the draft agreement reflected the date of possession as 31.12.2019. It was noted that now, the date of the possession cannot be changed, irrespective of whether it was rightly or wrongly put in the draft agreement for sale.
Moreover, as per Section 13 of the RERA, the promoter cannot accept more than 10% of the consideration of the flat without registering the agreement for sale, but in the present case, this section was violated.
The decision of the Authority:
Based on the above-mentioned reasons, the Respondent was directed to refund the entire amount paid along with the interest at the rate of SBI’s Highest Marginal Cost Lending Rate plus 2% as prescribed under RERA. It was also held that the Respondent was entitled to claim the benefit of the “moratorium period” concerning the payment of interest, which was to be paid within a period of 6 months from the date of this order.
Accordingly, the complaint was disposed of.
Case Title: Louisa Martin Britto and Joseph Maria Britto v. Naresh Karda Partner of Ishaan Enterprises
Coram: Hon’ble Member Shri Mahesh Pathak
Case No: Complaint No. CC001000000010175
Advocate for Complainant: Adv. Vijaya Ingule
Representative for Respondent: Ms. Mayuri Marathe
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