These are the cross complaints filed by the promoter as well as the allottee. The promoter i.e., the complainant at [Sr. No. 1] L&T Parel Project LLP vs. Rashmi Kshirsagar (Complaint No. CC006000000196327), has filed the complaint bearing no. CC006000000196327 on 12/03/2021 seeking directions from MahaRERA to terminate the agreement for sale executed dated 17/06/2015, on account of breach committed by the respondent i.e., allottee, to pay interest of Rs. 1,09,66,024/- till the date of filing of this complaint towards default in timely payments, and to register the deed of cancellation in respect of the said flat, under the provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’), in the complainant promoter’s registered project known as “Crescent Bay – T2” bearing MahaRERA registration No. P51900010178 situated at Mumbai. (For sake of brevity this complainant be called and referred to hereinafter as the ‘promoter’).
The complainant i.e., the allottee at [Sr. No. 2] Rashmi Kshirsagar vs. L&T Parel Project LLP(JV with ORDPL) (Complaint No. CC006000000196699) has filed the complaint bearing no. CC006000000196699 on 12/04/2021 seeking directions to the respondent i.e., promoter to handover the possession of the flat along with the payment of interest for delayed possession in respect of the booking of a flat bearing no. 801, on 8th floor, measuring 722.91 sq. ft. carpet area in the said project of the respondent promoter. The allottee has also prayed for the payment of cost, to reverse the interest charged by the promoter and to pay rent. (For sake of brevity this complainant be called and referred to hereinafter as the ‘allottee’). Facts of the case: It is the case of the promoter mainly seeking termination of agreement for sale dated 17-06- 2015 executed with the allottee under section 11(5) for non- payment of outstanding dues. It has mainly contended that the allottee has booked the said flat for a lumpsum amount of Rs.3,06,30,600/. It has further contended that it has completed the said flat and obtained occupancy certificate on 31-10-2018 and offered possession of the same to the allottee on 31-11-2018.
It is the case of the allottee that she booked the said flat in the month of February 2014. At the time of booking of the said flat, the promoter has committed the date of possession as April 2017. However, the promoter fraudulently, extended the said date of possession in the agreement for sale till 30-04-2018.During that time the promoter has stated that the grace period would be 6 months as the project may get delayed. However, the actual date of possession communicated to her was 30-04-2017.The allottee further stated she is ready and willing to take possession of her flat. However, she prayed for compensation for the said fraud committed by the promoter.
Order: In a combined order dated 19th April 2022, the allottee is directed to make payment of outstanding dues along with interest as prescribed under RERA from the date of default till actual payment within a period of 30 days from the date of this order. On receipt of the said payment from the allottee, the promoter is directed to handover possession of the said flat to the allottee within a period of one week.