The Maharashtra Real Estate Regulatory Authority (MahaRERA) directs the L&T Realty to reduce only 2% of the total consideration amount and refund the balance to homebuyers who had booked apartments in their Central Mumbai project in the year 2015.
The homebuyers have decided to withdraw the project because of the delay in possession. The developer however asserts that as per the MahaRERA deadline the completion of the project was scheduled in 2023 and hence there was no written promise of possession in the year 2019.
There was a case of two homebuyers named Mitali Enterprises and Himgiri Associates had in 2015 has booked a unit each in project named Crescent Bay project in Parel area of Mumbai. The project is constructed by Larsen & Toubro (L&T) Realty. The two homebuyers have filed complaints under Real Estate Regulatory Act (RERA) and approached the MahaRERA to seek refund of the entire money paid by them to the builder along with interest and compensation under the provisions of the Act.
The homebuyers again claimed that the above reliefs were sought by them as the developer had delayed the completion and did not hand over the project within the stipulated time period (within three years).
The homebuyers have argued that at the time of booking the unit in 2015, the developer has agreed to handover the project possession of the flats to them on or before in 2019.They again claimed that the developer had not mentioned any specific date of possession and hence violated the prevailing possessions of section 4 of RERA.
The homebuyers further added that the respondent had also accepted their request for the refund in the year 2021 but had failed to refund the said amount to them. Therefore, they had filed the complaint by seeking refund of the entire money had paid by them along with interest and compensation under section 18 of the RERA.
The developer on his part stated that the homebuyers had defaulted and had failed to execute the registered agreements for sale as per the terms stipulated in the said booking application forms.
On the delay, the developer contended that there is no specific date of possession mentioned in the said booking application forms. However, the project got completed before the revised completion date of the said project i.e. March 30, 2023 after it obtained the occupation certificate (OC) for the flats on January 31, 2022. Hence, developer prayed for dismissal of these complaints
Copyright © 2024 HomesIndiaMagazine. All Rights Reserved.
