Citation
2018/MH/Centrik/44/MAHARERA
Party to the case
Bindu R Jaisingh V/s Ekta Parksville Homes Pvt. Ltd.
Brief Facts
"The Complainant has booked an apartment bearing no 401-8 in the Respondents project 'BROOKLYN PARK PHASE II located at Virar, through an allotrnent letter dated luly 08, 2014 pursuant to which the possession was promised to be handed over by June 2017 but failed to handover possession. The Respondent explained the reasons, beyond his control, due to which the completion of the project has got delayed. He, however, requested that the Complainant may reconsider his stand, continue with the project and enter into registered agreement for sale, with a reasonable timeline for handing over the apartment. The Complainant accepted."
Held
"The Autority directed the parties to execute and register the agreement for sale, within 45 days from the date of this Order, as per the provisions of section 13 of the Real Estate (Reg-ulation and Development) Act 2016, with a possession date of June, 2019. Further, the Respondent directed to handover possession of the said apartment to the Compiainant before ending June 2019, failing which the Respondent shall be liable to pay interest to the Complainant from July 1, 2019 till the actual date of possession, on the entire amount paid by the Complainant to the Respondent. The said interest shall be as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules,
2017."
Authority
MUMBAI
