Kataria Construction
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This is a brief of a common judgement of 2 separate complaints, namely, [Sr.no.1] Ms. Priyanka Wilson Fernandes and Mr. Anand Ramsukh Rai (Complaint No. CC006000000100534), and [Sr.no.2] Mr. Devendra Ramsukh Rai Mr. Anand Ramsukh Rai (Complaint No. CC006000000110807), against common respondents,
V.M Associates, Mr. Virendra M Shah & Mr. Bijal A Dattani.

The complainants are mainly seeking directions from MahaRERA to the respondent to pay interest for the delayed possession from the date of possession mentioned in the agreements for sale till the actual date of possession on the amounts paid by them 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 Nos. G-902 and F-901 in the respondent’s registered project known as “Avirahi Homes Building 3” bearing MahaRERA registration No. P51800009582 located at Borivali (West), Mumbai.

Facts of the cases: In the present case, the Hon’ble Appellate Tribunal has remanded these complaints to MahaRERA mainly in compliance of principles of natural justice as no opportunity has been allegedly granted to the complainants to file their rejoinders on record of MahaRERA, while passing the earlier order dated 7-01- 2020 passed by MahaRERA.

The complainants further stated that the respondent has obtained occupancy certificate for the said building on 25- 11-2019 and the complainants have also taken possession and hence have filed this complaint for the delayed possession.

It clearly shows that the respondent promoter has violated the provisions of section 18 of the RERA and hence the complainants allottees are entitled to seek relief under section 18 of the RERA towards the interest for the delayed possession. The obligations of the promoter towards the allottee continue till the full possession is offered and don’t end merely to seek relief under section 18 of the RERA to seek either refund or to have possession along with interest for the delayed possession.

As far as the reasons of delay cited by the respondent is taken into consideration, the MahaRERA feels that since the said agreements for sale were executed under the provisions of MOFA, in which the 6 months’ extension was permissible in case of any delay caused in the project being the force majeure reasons. Considering the said 6 months period, the date of possession in this case can be extended for 6 months from 31-08-2016 till February, 2017. However, from February, 2017 the respondent is liable to pay interest to the complainants allottees.

Order: In an order dated 15th February 2021, the MahaRERA has noticed that the respondent promoter has completed the construction and obtained occupancy certificate (OC) on 25-11-2019 and also informed the same to the complainants on 15-12-2019. It shows the respondent promoter has complied with its statutory duty cast upon it under section 18 of the RERA towards interest for the delayed possession on the date of OC and the possession was offered to the complainants. Hence the MahaRERA is of the view that the complainants are not entitled to seek any interest after the date of OC obtained for this project.

In view of these facts, the respondents are directed to pay interest for the delayed possession to the complainants from 1-03-2017 till the date of OC (25-11-2019) for every month on the actual amount paid by the complainants towards the consideration of their flats.

As far as the issue raised by the complainants for differences in the flat area, the complainants have not submitted any cogent documentary proof on record of MahaRERA to substantiate the said claim. Hence, the same stands rejected.

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