Status as on- 13/12/2022
The Maharashtra Real Estate Regulatory Authority (MahaRERA) in Mumbai directed Orbit Enterprises to hand over possession of two units to actor Saif Ali Khan along with interest for four years, till 2021, under Section 18 of the Real Estate (Regulation & Development) Act, 2016 (RERA) against the booking of flats/units in the respondent’s project “Indian Newspaper Society-INS” located at Bandra Kurla Complex, Mumbai.
The complainant contested that he purchased one on the 7th floor in the INS Building for a total consideration of Rs. 28,00,00,000/-. Accordingly, he paid an amount of Rs. 1,00,00,000/- as earnest money which was later adjusted towards consideration of the units.
The respondent has filed that the complainant was informed to take possession of the units upon making the balance payment but he did not take possession nor has he made the balance payment and hence he is liable to pay interest for the delayed payment.
The MahaRERA has examined the submissions made by both parties and also perused the available record. The complainant has restricted his prayers for interest for the delayed possession under section 18 of the RERA.
As far as the reliefs sought by the complainant for compensation on account of the delay are concerned, the MahaRERA has noticed that the said claim does not survive now, since the complainant has restricted his claim to interest for the delayed possession.
The reasons cited by the respondent are considered to be genuine and it is entitled to seek an extension of 6 months from the date of possession as permissible as per the agreement for sale which was executed.
The project was incomplete and the possession was not handed over to the complainant. It shows that the respondent has violated the provisions of section 18 of the RERA and hence the complainant is entitled to seek interest for the delayed possession under section 18 of the RERA.
The MahaRERA has noticed that the said reasons for delay cited by the present respondent have already been considered by the MahaRERA and various orders have already been passed in other complaints filed with respect to the present project whereby the MahaRERA has granted interest for the delayed possession under section 18 of the RERA to the said allottees.”
Since the Occupancy Certificate (OC) has already been obtained for this project, the respondent is directed to hand over possession of the said units to the complainant within a period of 15 days from the date of this order. The respondent is further directed to pay interest for the delayed possession to the complainant.
The complainant is also directed to pay interest for the delayed payment from the date of default till the actual date of payment at the rate prescribed under RERA.
It is further directed that at the time of possession, both parties are at liberty to adjust the outstanding dues/ interest for the delayed payment payable by the complainant with the interest amount payable by the respondent on account of delay and the balance amount if any, be paid by either party at the time of possession.
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