Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has granted partial relief to aggrieved homebuyers seeking refund along with interest and separate compensation for delayed possession of booked flats in the Dwarika Reak Infra LLP project in Neral. The MahaRERA directed the builder to refund the amount accepted with 2 per cent interest rate, within six months from the date of issuance of the order (March 9).
The matter concerns two different homebuyers named Suresh Kale and Ravindra Saudalkar, represented by advocate Sulaiman Bhimani. The two had invested in the project but the builder failed to hand over possession of flats as agreed, following which they approached MahaRERA seeking refund and compensation under section 18.
Advocate Bhimani stated that the homebuyers have been granted a refund, but they have also demanded a refund of stamp duty on which the authority has remained silent. The sum paid on registration by these homebuyers also amounts to lakhs. With directions from RERA, they are at the losing end.
In this case, the builder had contended that the complaints made by these homebuyers have malafide intentions they had been filed during the lockdown period. Moreover, the complainants are themselves defaulters as they haven't paid the remaining amount. Also, the builder stressed that due to the Covid-induced lockdown had caused financial setbacks and the recovery process is still underway.
However, the MahaRERA observed that the reasons cited by the developer are not acceptable as the possession was to be granted in 2019, before Covid-19. MahaRERA further stated that these homebuyers waited for eight more months but the builder failed to deliver on time.
The MahaRera granted relief by ordering refunds, but it did not offer additional compensation and cost demanded by the homebuyers against mental agony caused by the developer.
