In the Matter of Avinash Saraf, Neha Duggar Saraf v/s Runwal Homes Pvt. Ltd. Complaint number CC006000000000032 decided on 13.10.2017 before Maharashtra Real Estate Regulatory Authority
The complainants contended that they have paid 97% of total consideration of the flat. The date of possession of the flat was August, 2016, as per agreement of sale executed in November 2014, but the respondent failed to give the Possession in time.hence the complainant demanded the amount of consideration with interest @ 21% p.a. from the respondent with compensation for the amount expended towards stamp duty and registration charges.
The respondent contended that MAHARERA has come into effect from 1st May 2017. Therefore MAHARERA has no jurisdiction to entertain this complaint. The date of possession was delayed due to delay in getting permission for constructing parking from MCGM (Municipal Corporation of Greater Mumbai), for reasons beyond control of the respondent.
Point for consideration before The Honorable judge was whether the complainant is entitled to get back the amount paid to respondent with interest and compensation? He answered affirmatively with the following reasons.
The cause of action for claiming possession after the lapse of agreed date of possession becomes a recurring course of action. Therefore MAHARERA has the jurisdiction under section 79 of the Act. The reasons given by the respondent for delay in possession is also not acceptable, since the agreement was executed in November 2014 it means the respondent was aware of the time for giving possession.
The honorable judge has delivered the following judgment.
To refund the entire amount paid to the respondent till date with interest and compensation for amount paid towards stamp duty and registration charges. Rate of interest upto the date of 30th April 2017 was decided @ 9% per annum. And from 1st May 2017 the rate of interest was decided to be the interest at SBI’s highest marginal cost of lending rate + 2% p.a. till the date of final payment to the complainant.
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