In the Matter of Vrajesh Hirjee v/s Skyline Construction Company Complaint number CC006000000057101 decided on 21.02.2019
the matter was before Maharashtra Real Estate Regulatory Authority
Parties have entered into agreement for sale but there is no mention of the date of possession. The learned advocate of the respondents therefore submits that the date of possession is kept blank with the consent of the Parties and no date of possession was agreed upon The respondents have pleaded not guilty and have filed their reply to contend that the complaint is not maintainable because there is no agreed date of possession mentioned in the agreement
According to the Honorable court Section 13(2) of RERA the promoter is liable to enter into a written agreement for sale and mention in it the date by which the possession of the flat is to be handed over to the Purchaser, Hence, the respondents cannot take disadvantage of their own wrong. In this case the Honorable court relied upon the matter of Fortune Infrastructure-v/s-Travor D'lima (2018) 5 SCC 442 so The respondents were directed to pay the aforesaid amount with simple interest at the rate of 10 55% per annum from the date of receipt till their repayment.
