In the matter of Mr. Aditya Gupta and Suparna vs. Shree Sukhtara Developers Pvt. Ltd (Complaint No. CC006000000195686), the complainants above named have filed this complaint seeking reliefs from MahaRERA to direct the respondent to pay interest for the delayed possession to the complainants under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of their flat bearing no. 4403, situated on the 44th floor in the respondent’s registered project known as “Ruparel Ariana” bearing MahaRERA registration No. P51900003250 located at Mumbai City. The complainants have also prayed for refund of EMI paid by them till the date of possession.
Facts of the Case: The complainants’ claim is that they and the respondent had an agreement for sale dated 4th March 2015 in which the complainants agreed to buy the abovementioned apartment in the registered project of the respondent. The respondent was required to transfer possession within 60 months after the commencement certificate date in accordance with clause 41 of the abovementioned agreement for sale. Further, clause 42 of the aforementioned agreement stated that the promoters would be entitled to a reasonable extension of time for offering possession in the event that the completion of the free sale building in which the said premises are located is delayed due to any notices, orders, rules, notifications, or notifications from the government and or competent authorities.
On the other hand, the respondent has denied the allegations made by the complainants by submitting its response to the record on June 23, 2021, in which it claims that, in accordance with the terms of the sale
agreement, possession was to be granted following the completion of the proposed sale building and upon receipt of the necessary occupation certificate. According to the information provided, the commencement certificate was obtained on April 16, 2015, making the possession date of April 16, 2020, subject to a reasonable extension due to the terms agreed upon under clause 42 of the aforementioned agreement, which grants a reasonable extension of time beyond the possession date specified in clause 41 of the aforementioned agreement and is accepted by the complainants themselves.
The complainants claimed that the respondent failed and neglected to transfer ownership of the specified apartment on the scheduled date of possession, and as a result, they sought interest starting from October 1, 2020, taking into account the extension granted by MahaRERA via circular dated May 18, 2020 due to the covid-19 pandemic until September 30, 2020. The respondent verified the payment of the pre-EMI for the house loan up until the date of possession of the complainants’ property in a letter dated 13- 03-2015, according to the complainants’ further allegation that the said flat was reserved under a subvention plan.
Order: Considering these facts and circumstances of this case, since the occupancy certificate has already been obtained for the complainant’s flat, the respondent is directed to handover possession of the said flat to the complainants within a period of 15 days subject to payment of outstanding dues payable by the complainants as per the terms and conditions of the agreement for sale and also by adjusting the pre EMI paid by the complainants as agreed by it in it’s letter dated 23th August 2019.