This brief explains the common order for 2 separate complaints, namely, [Sr.no.1] Mrs. Rita Anil Parmar and Mr. Anil Ratilal Parmar (Complaint No. CC006000000171880), and [Sr.no.2] Sundeep Dhawan, Neerja Dhawan, Arjun Dhawan HUF (through Karta Arjun Dhawan) (Complaint No. CC006000000198052), against a common respondent, Lokhandwala Kataria Construction Private Limited.
The complainants have filed these two separate complaints seeking directions from MahaRERA to the respondent to refund the entire amount paid by them along with interest on account of delay under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of their respective flats in the respondent’s registered project known as “Minerva” bearing MahaRERA registration No. P5190008204 located at Lower Parel, Mumbai.
The complainants at Sr No 1 have sought alternate reliefs from MahaRERA that the directions be given to the respondent promoter to forthwith handover possession of their flat along with all agreed common amenities.
Facts of the case: It is the case of the complainants that they purchased the said flat No. 3601 in the respondent’s project for which an allotment letter dated 20-12-2010 was issued by the respondent. They further stated that they paid an amount of Rs.29,20,000/- and Rs.19,20,000/- (as token amount at the time of said booking). Further, a registered agreement for sale dated 27-06- 2013 was entered into between them for a total consideration of Rs.3,73,55,000/-
. Clause 9 of the said agreement for sale stipulates that the date of possession shall be 31-12- 2016 with a further grace period of 6 months i.e., 30-06-2017. However, till date possession has not been granted, though substantial payments have been done by them towards the purchase of said flat.
It is the case of the complainants that, by an agreement for sale dated 20/04/2013 executed between them, the respondent agreed to sell to them the said flat no. 3703 in this project. As per the said agreement the respondent was liable to hand over possession of the said flat to them on or before 31/12/2016 with a further grace period of six months i.e., by 30/06/2017. In both these complaints, there are registered agreements for sale signed and executed between both the parties on 27-06-2013 and 20- 04-2013 respectively, wherein the date of possession was mentioned as 31-12-2016 with grace period of 6 months i.e.,30- 06-2017. Admittedly the possession has not been handed over to the complainants till date. In view of the above, the complainants filed this complaint praying to direct the respondent to refund the entire amount alongwith interest and pay liquidated damages and compensation for violation of section 18 of the RERA.
Order: In an order dated 20th April 2022, the respondent is entitled to get reasonable extension in handing over possession of the flats to the complainants, during which the permissions were delayed by the concerned government and semi government authorities.
The relief of refund sought by the complainants at Sr No 1 stands rejected in view of the reasons cited hereinabove and the alternative prayer sought by complainants for possession of their flat is hereby allowed. The respondent
is directed to handover possession of the said flat to the complainants at Sr No 1 on or before 30-12-2023 by obtaining the occupancy certificate.
The respondent promoter is also directed to pay interest for the delayed possession to the complainants at Sr No 1, from 1-07- 2017 till the actual date of possession with OC for every month on the actual amount paid by the complainants towards the consideration of the said flat.
As far as the complaint at Sr No 2 is concerned the complainants are allowed to withdraw from the project. The respondent promoter is directed to refund the entire amount paid by the complainants in Sr No 2 towards the consideration of the said flat along with interest.