In a common order of 5 separate complaints, namely, [Sr. No. 1] Rajendra Kumar Kantilal Shah and Rajendra Kumar Shah (Complaint No. CC006000000195081), [Sr. No. 1] Arjunsingh Mehta and Shweta Sanklecha ( Complaint No. CC006000000195280), [Sr. No. 3] Gaurav Pandey (Complaint No. CC006000000195372), [Sr. No. 4] Mr. Vijay Poddar and Ms. Preeti Poddar (Complaint No. CC006000000196272), and [Sr. No. 5] Garry Ashar Tejal Ashar (Complaint No. CC006000000197150) against a common respondent, Skystar Buildcon Pvt Ltd.
The complainants above named have filed these separate complaints seeking direction from MahaRERA to the respondent to handover the possession of their booked flats and also to pay interest for the delayed possession with compensation under the provisions of section 18 of the RERA in respect of the booking of their respective flats in the respondent’s registered project known as “Sunteck City Avenue 1” bearing MahaRERA registration No. P51800001281 situated at Goregaon, Mumbai.
Facts of the case: The respondent stated that although the date of possession in the said agreement for sale is 31-03-2020, it is entitled to a grace period of six months on equitable ground on account that the construction of the said project has been duly completed and is nearing completion of the said units and thus this is a fit case where a grace period of six months can be granted. Further, it has stated that it has completed the said project and applied for OC in the month of March 2020, however it has got the same on 08-09-2020. The respondent stated that hence the complainants are not entitled for any interest /compensation as prayed for and the complaints are liable to be dismissed with heavy costs.
The complainants are also liable to pay interest under section 19 (6) of RERA for delay in payment. The respondent further submitted that, the complainants have purchased the said flats by executing the agreements for sale and for various considerations as per the agreements and now seeking interest for delayed possession. The respondent further submitted that, the MahaRERA has issued a circular for force majeure till September 2020. In such circumstances, the respondent completed the project and also received the occupancy certificate.
The MahaRERA has examined the arguments advanced by both the parties and perused the available record. By filing these complaints, the complainants being allottees of this project have approached MahaRERA mainly seeking 3 main reliefs i) Possession of their flats, ii) interest for the delayed possession and iii) waving of the interest charged by the respondent on the outstanding dues payable by them. The said claim has been refuted by the respondent promoter by filing its reply/ written submissions on record of MahaRERA mainly on the ground that the claim of the complainants is an afterthought as same is agitated after OC is being received for this project and after possession been offered/ taken possession of the flats by the complainants.
Order: In a combined order dated 14th March 2022, out of 5 complainants 3 complainants have already taken possession of their flats and since the OC has already been obtained the other complainants are also entitled to get possession of their flats. The respondent promoter is directed to handover possession of the said flats to the complainant/ allottees to whom possession is not handed over till date.
The respondent promoter is also directed to pay interest for the delayed possession to the complainants from the agreed date of possession mentioned in the agreements for sale including the grace period till the date of part OC i.e., 08-09-2020 for every month on the actual amount paid by the complainants towards the consideration of their flats at the rate of Marginal Cost Lending Rate (MCLR) of SBI plus 2% as prescribed under the provisions of section 18 of the RERA and the Rules made thereunder