Shreeram Haribhau Telang & Anr. v. Propel Developers Pvt. Ltd. @ Runwal Homes Pvt. Ltd.
Forum: MREAT
Facts:
The allottees purchased flats in “Runwal Greens Wing-5-8” with possession promised by 1 December 2015. Possession was delayed and the allottees also complained of a discrepancy in carpet area.De
Issue:
Whether delayed possession and reduction in carpet area entitled the allottees to interest and monetary adjustment.
Held:
MREAT directed payment of interest on the amount paid from the promised possession date until actual possession. It also ordered refund of INR 3.98 million relating to reduction in carpet area, with interest.
Ratio:
Section 18 protects the allottee against delay, while the statutory framework relating to carpet area protects the purchaser where the delivered area is less than that contractually represented.
Practical Impact:
Carpet-area discrepancies should be documented carefully. Buyers should preserve the AFS, sanctioned plans, payment records and possession documents.
Relevant RERA Sections:
Section 18 — delayed possession; Section 14 — adherence to sanctioned plans/specifications; Section 2(k) — carpet area.
