The MahaRERA has passed an order directing the builder to execute the agreement for sale within 30 days of the balance consideration amount being paid by the complainant setting aside the dispute over payment between the parties.
The matter is about a homebuyer Prashant More, who booked a flat in a Navi Mumbai based project of "Scarlet Builders and Developers". The complainant petitioned that in spite of having paid a substantial amount towards the consideration of the said apartment, the developer failed to execute and register the agreement for sale and handover possession of the apartment
The homebuyer contended that the possession was promised by 2013. However, he was informed that now M/s. Ronak Builders and Developers will be constructing the project.
The complainant appealed to direct the developer to handover possession of the apartment at the earliest apart from imposing a fine for breach of section 13 and pay them interest for the delay under section 18(1).
The developer's authorised representative Pulak Jayaswal filed an affidavit and said that the payments alleged to have been paid by the complainant are only partially correct and confirmed by the said developers. He is liable to pay the balance outstanding amount along with the other payments and concluded that if the homebuyer pays the balance amount, the builder is willing to execute the agreement for sale and handover possession of the said apartment.
Godfrey Pimenta, Complainant's advocate said, "We had to submit handwriting expert opinion to prove the fact that the payment acknowledged by the builder on his visiting card for cash received and written receipts for other payments showing the signature are same. The builder was denying the existence of any agreement between the complainant and themselves. Based on the proof provided, MahaRERA has ordered to reconcile the balance consideration amount and sign the agreement. It is a landmark decision since the homebuyer had made a cash payment and there was a change in the developer in the project in which he booked a flat."
After hearing both the parties, Gautam Chatterjee, Chairperson, MahaRERA cited complainant liable to pay interest on delayed payment is not maintainable as there is no document on record. Moreover, the homebuyer's plea for penalising builder under Section 13 and 18(1) was also rejected. The parties were advised to reconcile the amount of balance consideration amount and execute the agreement for sale.
