A Complainant, who approached Maharashtra Real Estate Regulatory Authority (MAHARERA) because of delayed possession date got relief from the bench when bench provided him the solution after two years. The bench provided him a possession date by themselves and they preponed the year from 2020 to 2018.
Nihit Mathur, who is the complainant, approached RERA regarding his complaint against Ekta Parksville Homes Private Ltd.
According to Nihit Mathur, “We purchased an apartment in ‘Ekta Parksville Phase-II in virar and our agreement was registered on June 13, 2014. Developer agreed the possession according to the agreement and it was in December 2016. The possession was delayed by the developer and it was put as June 2020 as revised date for completion. We demanded to withdraw from the project according to Section 18 of RERA Act 2016”.
Abir Patel, the advocate of the developer argued about the delay in construction work and that all happened because it was not in respondent’s control. According to the lawyer, the respondent will be able to handover the project on or before 31 October, 2018.
He offered to look at the issues by the complainant regarding the payment of Pre-Equated Monthly installment and both the parties agreed on the same fact.
The RERA Complainant bench, after hearing both the parties, decided that developer should handover the possession of the apartment with occupancy certificate to the buyer before 31stOct 2018, if developer is failed to do so, he has to pay interest to the complainant from November 1, 2018 till the date of possession and this will be on the entire amount paid by complainant.
The bench further states that interest will be according to the rate prescribed under rule 18 of MahaRERA.