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By SRELJ Bureau

In a land mark judgement, Maharashtra RERA Appellate Tribunal asked builder to refund the booking amount taken by TATA Housing Development Co Ltd. The Judgement said “In this matter, the foremost material and contentious issue is the date of possession which forms the sole basis for ascertaining the delay in possession’ Documents on record reveal that Allottee booked the flat on 24/06/2015 and allotment letter was issued on 11/07/2015. None of these documents stipulates date of possession’ Allottee’s contention is that possession was promised to be given by 2018 and later on it was revised to 2020 and ultimately to 2022 as is declared on the portal of Maha RERA. Contrary to this, it is argued by Developer and as observed by learned A’O’ also, date of possession was to be mentioned in the agreement for sale as
per the terms of booking form’ Developer has claimed that Allottee had shown his willingness to accept the possession by 2020 and was not happy with revised possession dale of 2022. It is further contended by Developer that final date of possession is 2022 as declared on Maha RERA portal and Developer never promised delivery of possession by 2018 or 2020 to the Allottee as falsely claimed by Allottee.”

As the original date of possession being in 2018, the Hon’ble Tribunal asked the Builder to refund the entire principle amount along with interest.