Mumbai, March 12: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed developer Ashapura Homes Pvt. Ltd. to hand over possession of a flat along with the Occupancy Certificate (OC) to homebuyers and pay interest for the delay.
Homebuyers approach MahaRERA over delayed possession
A complaint was filed with MahaRERA by homebuyers Sachin Satish Phatak and Jyoti Phatak, who had booked their flat on the 14th floor in the project “A and O Bellevue,” registered under MahaRERA.
The total consideration for the flat was Rs 71.89 lakh, and an Agreement for Sale was executed on May 21, 2018. As per the agreement, the developer had promised to hand over possession of the flat by December 31, 2020.
Buyers say over 99% payment already made
As per the complaint filed by advocate Anil D’sousa on behalf of the Phataks, it was informed to the authority that they had paid over 99 per cent of the flat’s total cost, including Rs 71.79 lakh towards consideration, along with additional amounts towards stamp duty, registration charges, GST and TDS.
Despite making almost the entire payment, the possession of the flat was not handed over within the stipulated timeline.
The complainant also alleged that the developer had demanded certain payments in cash at different stages and warned that failure to comply could result in cancellation of the booking or forfeiture of the amount already paid.
Authority orders possession with occupancy certificate
After examining the records and submissions from both sides, MahaRERA held that the allottees were entitled to possession of the flat along with the Occupancy Certificate.
The authority directed the developer to hand over possession of the flat with the OC and all necessary approvals.
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Developer ordered to pay interest for delay
It further ordered the developer to pay interest for the delay in handing over possession from January 1, 2021, until the actual date of possession. The interest is to be calculated on the amount paid by the complainants towards the flat, excluding statutory charges such as stamp duty, registration fees and taxes.
In addition, MahaRERA directed the developer to pay litigation costs of Rs 20,000 to the complainants.
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