In the Matter of Saurabh Mehrotra Vs.CCI Projects Pvt Ltd Complaint no.CC006000000078611 decided on 06.08.2020 Before Maharashtra Real Estate Regulatory Authority.
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The Rivali Park project, rechristened as Wintergreen, has been delayed for more than three years. The developer CCI Projects Ltd had sought last mile funding for the project from the Rs 20,000 crore stress fund created by Finance Minister Nirmala Sitharaman and the funds were sanctioned for builder CCI Projects Ltd.
The developer had revised the possession date to December 2019, and further extended it to June 30, 2021.
Home buyer had filed complaints seeking relief after the project was delayed. However, The buyer made remaining payments for the flat even after the possession date in their registered agreements had lapsed.
Advocate, appearing for the developer, contended that the developer had informed the revised possession dates to the buyers from time to time and they have made payments even after the possession dates had passed. This showed that they had "acquiesced" and had consented to the revised possession dates.
However, rejecting the argument, The Court observed that the payments were structured as slab-wise payments, and after investing big amounts, the complainants were helpless and continued making payments in the hope of early possession."Therefore, this conduct of the complainants does not amount to acquiescence.
The Court Observed that “ when the statute imposes strict duty for completing the project as per timeline, and speaks about the consequences of delay, the allottees' consent for condoning the delay must be unequivocal and it must be in writing. No such document is produced before me,".
The Plea for granting Delayed Possession charges under Section 18 was granted.
