Mumbai: MahaRERA rejects Kohinoor Developers' contention against two homebuyers

The Maharashtra Real Estate Regulatory Authority(MahaRERA) has dismissed Kohinoor developers' contention that homebuyers' - Priyanka Vij and Vandana Vij - seeking interest on payment made over delay in possession of flat in the project 'Kohinoor City' residential Phase II, at Kurla (West) is non-maintainable since they have repurchased it and no sale deed has been signed between both.

MahaRERA Member-II BD Kapadnis, however, in the order cited that when the complainants repurchased the flat from original allottee -Shabina Faruq Ahmed Shaikh, it granted sale and transfer of flat. Therefore, the complainants stand in the shoes of the original allottee.

The date of possession mentioned in the agreement for sale executed in favour of original homebuyer is deemed to be the agreed date/giving possession of flat to complainants also.

While, the regulatory authority also mentioned that the complainants repurchased the incomplete flat on March 28 2018, despite having knowledge of crossing of the agreed date of possession by the said developer.

This case is about two homebuyers from same family who bought a flat in 2018 in an incomplete project by paying consideration amount of Rs 1, 84,63,389 to original homebuyer, who in return paid Rs 1,06,89,789 to the developer and took over the obligation of paying the balance amount of Rs 77,74,200 originally payable by her under the terms of the agreement for sale signed in 2015. Following, the developer also granted permission for the sale and transfer of the flat to the complainants via letter dated March 31 2018. However, the complainants sought relief from RERA for delay in handing over the flat by the developer till date.

While the developer argued that the project got delayed because of the reasons which were beyond their control. Moreover it admitted that it allowed transfer of flat. However, complainants failed to pay Rs 55,93,395 excluding taxes as per the terms of the said NOC demanded from time to time. No sale agreement signed between both. Therefore, the complaint is invalid.

After hearing both, MahaRERA has directed developer to pay interest at the rate of 9 per cent per annum on the received amount till handing over the possession of the flat, and additional Rs. 20,000/ towards the cost of the complaint. Interestingly, the authority has also directed the complainants to pay pending payment with interest rate of 9 per cent per annum to the developer.

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