RERA directs developer to prepone possession date

The authority acted on a home-buyer’s plea over delayed project

In a huge relief to an allottee, the Real Estate Regulatory Authority (RERA) directed the developer to commit to a reasonable timeline by preponing the date of possession from December 2022 to December 2019. The authority acted on a complaint filed by an allottee regarding delayed possession of their apartment by eight years. The complainant Sanjeev Kapur had purchased an apartment in the project Gaurav Legend situated in Oshiwara. Kapur alleged that even though the developer Monarch and Querish Builders had begun the project work in 2009, they failed to execute the agreement and complete the construction by handing over the apartment till date.

“We prayed before the authority that the developer be directed to pay interest to them as per provisions under the act and commit to a reasonable timeline for handing over the possession of their apartment,” said Kapur. The advocate for the developer was represented by Makarand Raut who said that the project is under Slum Rehabilitation Authority (SRA) scheme and the construction for the sale component could not be started due to delay in obtaining the Commencement Certificate (CC).

The advocate submitted that the developer has committed to obtain the CC by April 2018 and execute the agreement of sale with the allottee. He also submitted that the developer would handover the possession of the apartment within 18 months from date of obtaining the CC.

During the hearing, the advocate of the complainant was represented by Laxmi Murali and Associates. “We require that the developer must commit to a timeline for completing the project. In case, we do not see the efforts towards completing the work, we must be at liberty to withdraw from the project or demand interest for delay,” stated the advocate.

The advocate of the developer committed to complete the

Sanjeev Kapur had purchased an apartment in Oshiwara’s Gaurav Legend project. Kapur alleged that even though the developer, Monarch and Querish Builders, began the work in 2009, they failed to execute the agreement and complete the construction by handing over the apartment till date

entire project by December 31, 2019 and said that he would commit the construction up to 15 floors of the building by December 31, 2018. The RERA authority observed that the developer has mentioned December 2022 as revised date of possession on the website. “As per the provisions of Rule 4 of the Maharashtra Real Estate (Regulation and Development), It is an unreasonable time period for completion of the project,” stated the order.

During the next hearing, the developer committed to handover possession of the apartment by December 2019. The bench directed the developer to execute and register the agreements for sale with the allottee with whom he is yet to execute the agreements for sale as per the provision of the act. The bench directed the developer to complete the project work as per the commitment given by him and to handover possession by Dec 2019.