RERA orders developer to provide early possession

Builder failed to hand over flat to the buyer even after completing 94% of work

The MahaRERA (Maharashtra Real Estate Regulatory Authority) has provided relief to a home buyer by directing a developer to provide early possession as he failed to provide the same even after completing 94 percent of the project work.

Sonia Chibber and Vivek Chibber approached the RERA bench with a complaint against the developer, RNA Corporation Private Limited. They purchased an apartment at a project ‘RNA Viva’ at Mira Road, Thane by entering into an agreement on August 29, 2012.

“The developer had promised to hand over the possession of the said apartment by March 2013 and has failed to do so even after completing 94 percent of the project work in April 2015,” said Vivek Chibber.

Chibber also alleged that the developer had informed them that the possession of the apartment would be given to them by December 2016, failing which interest at the rate of 10 percent per annum would be given starting from January 2017.

“The developer had also not displayed the sanctioned plans, layout plans and other specifications approved by the competent authority at the project site,” said Chibber.

Both the complainants sought help from the authority to direct the developer to handover possession of the said apartment to them at the earliest and pay them interest as per the provisions under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules, 2017.

The advocate of the developer, Neha Joshi argued that the construction work of the project was delayed due to reasons which were beyond the developer’s control. The advocate further submitted that the developer would hand over the possession of the apartment to the complainant by July 2019 as stated in the registration.

As per the provisions of the Rule 4 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 the revised date of possession for an ongoing project has to be commensurate with the extent of balance development,” stated the order. The RERA bench said the timeline for handing over possession stated by the developer is unreasonable as at least 94 percent of the work was completed in April 2015.

The RERA authority further directed the developer to handover the possession of the said apartment along with necessary amenities as registered with Occupancy Certificate (OC) before December 31, 2018, failing which the developer would be liable to pay interest to the complainant from January 1, 2019 till the actual date of possession.