In the combined order of two separate complaints, namely, Ankush J. Jindal vs M/s. Sai Enterprises and Ors. (Complaint No. CC006000000078286) along with Sahil J Jindal vs. M/s. Sai Enterprises and Ors. (Complaint No. CC006000000078287), seeking directions from MahaRERA that the respondents be directed to register and execute agreements for sale with them under the provisions of section 13 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 “Sethia Imperial Avenue” bearing MahaRERA registration No. P51800015798 located at Bandongri, Malkani Estate, Borivali, Mumbai. The complainants also prayed for interest for the delayed possession under section 18 of the RERA.
Facts of the case: It is the case of the complainants that they have booked three apartments in the project known as “Sethia Imperial Avenue” bearing apartment no. 1707
– B and 1803 – B and 1706 – B, for Rs. 43,72,500/-, Rs.
40,70,000/- and Rs. 49,72,500/- respectively and had paid an EMD of Rs.11,92,500/- towards apartment no.1707–B and Rs.11,10,000/- i.e., Rs. 23,02,500/- and Rs. 11,92,500/-
towards apartment no. 1706 – B while booking apartments, to the respondents and thus paid substantial payments for the apartments.
The complainants on 25/02/2011 with respect to apartment no. B – 1707, on 17/07/2012 with respect to Apartment no. B – 1803 and 25/02/2011 with respect to apartment no. B – 1706, addressed letters to the respondent no. 5 (M/s. Super Construction) enquiring about the commencement of the construction work of the said project and the date of possession of the said apartments, to which the respondent no. 5 replied to the letters dated 25/02/2011 and 17/07/2012 by their replies dated 09/03/2011 and 26/07/2012 respectively thereby promising that they intend to complete the said project within 3 years and provide the possession of the apartments before June, 2014.
However, the respondent no. 5 was delaying the possession of the apartments and giving false assurances that the said project will be completed within the stipulated time as mentioned.
The complainants further prayed that the respondents be directed to construct the said project as per the layout plan represented to the complainant while booking the apartments and be penalized for the offences punishable under section 61 of the RERA for violating section 14 of the RERA and for compensation and not creating a third party.
Order: In an order dated 23rd February 2022, as far as claim agitated by the complainants for interest for the delayed possession under section 18 of the RERA, the MahaRERA is of the view that there is no agreement for sale showing any agreed date of possession and hence the complainants are not entitled to seek interest for the delayed possession under section 18 of the RERA. Hence, their claim for interest stands rejected.
Considering these facts, the respondent no. 1 is directed to execute the registered agreements for sale with the complainants as per the provisions of section 13 of the RERA within a period of 30 days from the date of this order.
- Not taking inspection cannot claim interest
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.