Flat buyers are not allowed to seek compensation for delay if the demand is made after the project is complete or has started possession, said Maharashtra Real Estate Regulatory Authority (MahaRERA).
MahaRERA rejected a request for compensation sought by a buyer Ashley Serrao and his father who had purchased a flat in Runwal Greens in Mulund in the year 2012. The builder stated that the project had already received part occupancy certificate (OC) in July 2018, before the buyers have had lodged their complaints. The builder had also offered possession to the complainants.
According to MahaRERA’s chairperson, section 18(1)(a) of the RERA act stipulates obligations and liabilities if a promoter is unable to handover the possession of a flat. In case the buyer plans to withdraw from the project, the builder is then liable to return the amount received by him for the property. And if the buyer wishes to continue in the project, then the builder is liable to ay an interest for every month of delay till the time of handing over the possession of the flat.
The counsel for Serraos stated that they were to make requisite payment when the builder on July 31, 2018, had asked them to pay an additional amount of Rs 10.85 Lakh, due to the flat’s carpet area had increased by 127 Sq.Ft. There was no explanation regarding the increase in the area.