Mumbai: In a huge relief to a home buyer, the Maharashtra Real Estate Regulation Authority (MahaRERA) directed a developer to file an affidavit stating that she would execute the sale of agreement and hand over the possession of the flat by May 2018. The RERA bench acted on a complaint filed by a home-buyer related to non-signing of agreement and delayed possession of the flat.
The complainant Gul Jagasia had purchased a flat measuring at least 52 square metres’ carpet area in DSK Madhukosh at Andheri east. A complaint was filed against DS Kulkarni Developers Limited.
“The flat was booked in the developer’s project after paying 100 per cent amount to the developer. The developer had agreed to give us the possession of the flat by June 2017 and has yet not provided us with the possession,” said Jagasia. Hence, the home-buyer prayed before the RERA bench to direct the developer to execute an agreement of sale, provide with an early possession and interest amount for delayed possession. The advocate of the developer was represented by Jayashree Latkar stated that due to financial crunch, the developer could not execute the sale of agreement with the complainant till date.
The RERA bench directed the developer to file an undertaking executed by Hemanti Kulkarni stating that she would execute the registered agreement for sale with the complainant and the possession of the flat would be handed over to them by May 2018.
Later, the complainant accepted the undertaking. Considering the home buyers complaint regarding interest for delayed possession, the RERA bench said that there was no agreement signed between the complainant and the developer. Hence, section 18 of the Real Estate (Regulation and Development) act of 2016 is not applicable in this case which does not allow the complainant to seek interest for delay in possession.