Possession date binding on builder: RERA tribunal direct to refund amounts paid by two buyers with interest
BySwati DeshpandeSwati Deshpande / Updated: Jan 18, 2021, 07:28 IST
rera
MUMBAI: ‘Possession’ of flat doesn’t mean ‘fit out possession’ under RERA. Ruling on the sanctity of the ‘specified date’ of possession,
Maharashtra Real Estate Appellate Tribunal asked a
builder to refund with interest money paid by two buyers who withdrew from a project three months after delivery of their flats was due.
The tribunal held that the promoters of
Palava Lakeside in
Kalyan failed to hand over possession of two flats by February 28, 2018, as mentioned in the agreements for sale (AFS) and thus allottees were entitled to withdraw and get refund with interest. “Section 18 of RERA is absolute on the point of ‘specified date’ mentioned in the agreement for giving possession” and not on any “grace period” mentioned in the agreement, said the tribunal in its jud
Tribunal stays MahaRERA order on forfeiture clause
BySatish NandgaonkarSatish Nandgaonkar / Updated: Dec 12, 2020, 14:02 IST
The masterplan of The Trees project in Vikhroli
Appellate tribunal will delve into the legal question on whether MahaRERA can tinker with forfeiture clause under RERA provisions.
Maharashtra Real Estate Appellate Tribunal (MREAT) has stayed a MahaRERA order of August 2020 asking
Godrej Properties Ltd to refund Rs 39 lakh forfeited by the developer from a home buyer from The Trees project in Vikhroli after terminating the agreements for two flats for alleged failure to stick to payment schedule.
Allowing the appeal, the tribunal bench comprising chairperson Justice (retd) Indira Jain and administrative member SS Sandhu said the appeal had challenged the jurisdiction of MahaRERA to strike down forfeiture clause in the agreements for sale and the material placed of record shows that the appellant had an arguable case on merits. The bench stayed the order pe