Delayed Possession
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In the matter of Anubhav Jain vs. Jawala Real Estate Pvt. Ltd. (Complaint No. CC006000000195903), the complainant has filed this complaint seeking direction from MahaRERA to the respondent to pay interest for the delayed possession under the provisions of section 18 of the RERA Act in respect of the booking of a flat bearing no. B-4904, on the 49th floor, in the respondent’s registered project known as “The Park” bearing MahaRERA registration No. P51900001339 situated at Worli, Mumbai.

Facts of the case: The complainant contends that he paid a sum of Rs. 3,70,46,808 for the mentioned flat in the respondent’s project according to an agreement to sell dated 20th June 2013. At the time of said reservation, he relied on the respondent company’s claim that it would give possession of the said property by December 31, 2017, with a grace period ending on December 31, 2018, but it had only offered possession of the said flat on December 29, 2019.

He subsequently filed this new complaint, asking for possession of his apartment as well as interest for the delayed possession under section 18 of the RERA from the agreed date of possession, which was December 31, 2017, until the actual possession being offered, as well as a directive to the respondent to correct/reconcile payment adjustment only in accordance with Annexure-2 of the agreement for sale.

In the current instance, the respondent has finished building the aforementioned flat of the complainant, received the OC for the flat on 22-07-2019, or within the grace period of one year, and has even offered the complainant ownership of the same on 27-12-2019. The current complaint was submitted following the project’s OC acquiring and the offer of possession to the complainant.

Therefore, under section 18 of the RERA, the complainant’s first complaint, no. CC006000000089763, was filed on a premature date. Additionally, because the current complaint was submitted more than a year after the date of OC, the cause of action as described in section 18 of the RERA does not survive in this complaint, which was filed in the year 2021. Consequently, the complainant’s claim about the interest is without substance.

Order: Additionally, the MahaRERA has noted that the rental offset provided by the respondent did not impair its rights; as a result, the complainant cannot seek remedy under section 18 of the RERA under the letter. Furthermore, the complainant’s inability to examine the apartment cannot serve as justification for requesting interest and compensation relief under section 18 of the RERA.

In light of the aforementioned facts and observations, the MahaRERA orders the respondent to transfer ownership of the apartment to the complainant, subject to the complainant making all payments due in accordance with the payment schedule outlined in the agreement for sale, since the occupancy certificate for the project was already obtained on 22-07-2019.

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