MahaRERA orders builder to pay homebuyer for delayed possession
Headline by Prism · from 1 report
The Maharashtra Real Estate Regulatory Authority ruled that a builder must pay interest to a homebuyer for failing to deliver a flat by the agreed-upon date.
The Economic TimesThe brief
Written by software from the 1 report below.
- A homebuyer filed a complaint with the Maharashtra Real Estate Regulatory Authority after a builder failed to deliver a flat by the contractually mandated date of December 31, 2024.
- The builder unsuccessfully argued that construction delays were caused by jurisdictional changes between municipal planning authorities.
- The tribunal determined the builder was aware of these administrative conditions before signing the agreement and failed to meet its statutory obligations.
- The builder must now pay the homebuyer interest on the amount paid, estimated at Rs 7.1 lakh, for the period of the delay.
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Maharashtra Real Estate Regulatory Authority
2 quotes · 1 outlet
“However, it (builder) has failed to do so. Hence, it cannot be permitted to take undue advantage of its own wrong.”
In the article
…had failed to discharge its statutory obligation under Section 18 of RERA and awarded interest for delayed possession from January 01,2025 until the possession of the flat was offered along with the OC. MahaRERA said: “ However, it (builder) has failed to do so. Hence, it cannot be permitted to take undue advantage of its own wrong. ” If there was approval difficulties the builder ought to have accordingly factored it, but it did not The MahaRERA tribunal observed that to obtain all the necessary permissions, approvals and OC is the statutory…
“Hence, the grounds raised by the respondent (builder) do not sufficiently justify the delay in handing over possession of the said flat.”
In the article
…the agreed date of possession has lapsed and lawful possession has not been handed over under Section 18 of the RERA, it cannot be defeated by the entitlement of homebuyer by such a unilateral offer. MahaRERA says: “ Hence, the grounds raised by the respondent (builder) do not sufficiently justify the delay in handing over possession of the said flat. ” Thus MahaRERA ordered the builder to pay interest for the delayed possession from January 1, 2025, for every month till the date of offer of possession of the flat with OC on the actual amount paid by the homebuyer at…
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All filed from India
NamedIndia · Pune Metropolitan Region Development Authority · Pune Municipal Corporation · Wagholi · Aradhana Bhansali · Maharashtra Real Estate Regulatory Authority · Mahesh Pathak · Prakash · Rajani Associates
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