Mental Agony
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This brief explains a common order for 11 separate complaints, against a common respondent, Glomore Constructions.

The complainants above named have filed these 11 separate complaints seeking directions from the MahaRERA to the respondent to pay the interest for the period of delay in handing over the possession of their flats under the provisions of Section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as RERA) with respect of the booking of their flats in the respondent’s registered project known as “Oasis – Tower 1” bearing MahaRERA registration No. P51800006404 located at Kandivali East, Mumbai.

Facts of the cases: The complainants have stated that the respondent No. 1 is the promoter who has registered this project with MahaRERA (hereinafter refered to as the respondent promoter) and the respondent No. 2 is the sister concern of the respondent No. 1. The complainants have mainly contended that the respondent promoter has failed and neglected to handover possession of the said flats to them on the agreed dates of possession mentioned in the said agreements and thereby violated the provisions of section 18 of the RERA. The complainants further stated that they tried to contact the promoter, however respondent promoter has not responded.

However, the respondent has also issued illegal demands to some of the complainants, which they were not liable to pay and the same was issued just because the complainants have approached it for possession. Till date the respondent promoter has failed to complete the project and to obtain the occupancy certificate. Due to the said delay, they suffered from financial loss as they had to pay rent / EMI for bank loan. Hence they prayed for the reliefs as sought for in these complaints.

Order: In a common order dated 28th September 2021, the respondent promoter is directed to refund the entire amount paid by the complainants at Sr. No.1 towards the consideration of the said flat along with interest.

The respondent promoter is further directed to pay interest for the delayed possession to the complainants at Sr. Nos. 2 to 11 from the agreed dates of possession mentioned in the agreements for every month till the actual date of possession with occupancy certificate on the actual amount paid by the complainants towards the consideration of their flats.The respondent promoter, at the time of possession of the flats to the complainants at Sr. Nos. 2 to 11, may set off the outstanding dues with the interest amount payable by it to the said complainants and pay the balance amount if any to them.

Regarding the claim of the compensation sought by the complainants at Sr No. 1, the MahaRERA is of the view that no documentary proofs of mental agony have been produced on record of MahaRERA. Hence the claim of the said complainants stands rejected. So far as the claim of compensation raised by the complainants at Sr. Nos. 2 to 11is concerned, the MahaRERA is of the view that since the complainants are willing to continue in the project, they are only entitled to seek interest for the delayed possession as provided under section 18(1) of the RERA. Hence, their claim towards compensation stands rejected

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