MahaRERA Directs Builder to Compensate Homebuyers of Suburbia Estate for Delayed Possession
Maharashtra Real Estate Regulatory Authority orders builder to pay interest to homebuyers for delayed possession of flats in Suburbia Estate Phase I project in Pune.
MahareraMaharashtra Real Estate Regulatory AuthorityReraReal Estate Regulation And Development ActHomebuyersDelayed PossessionReal Estate MaharashtraJul 03, 2024
The homebuyers contend that under section 18 of the Real Estate (Regulation and Development) Act, 2016, they are entitled to compensation for delayed possession. The builder, on the other hand, contended that the homebuyers failed to provide copies of the agreements for sale and did not include the builder's firm or its partners, who are parties to the agreement for sale, in their complaints.
The MahaRERA bench, comprising Mahesh Pathak (Member – I), observed that the agreements for sale were signed by a partner of the firm, acting as an authorized signatory on behalf of the partnership itself. Therefore, under settled law, a partnership firm is liable for actions taken by its partners, and all partners are jointly and severally liable for such actions.
The Authority also observed that legally, a husband and wife are considered a single legal entity, and the complainant, being the first purchaser as per the uploaded documents, had the legal standing to file the complaint on behalf of the co-purchaser.
However, the Authority lacked jurisdiction to adjudicate disputes arising from tri-partite agreements or similar documents, and such matters fell under the purview of civil courts. The Authority directed the builder to pay interest for delayed possession to the homebuyers under section 18 of the Real Estate (Regulation and Development) Act, 2016.
This ruling is a significant victory for homebuyers in the state, who have been suffering due to delayed possession of their flats. It is expected to set a precedent for other similar cases in the future.
Frequently Asked Questions
What is MahaRERA?
MahaRERA stands for Maharashtra Real Estate Regulatory Authority, a statutory body established to regulate and promote the real estate sector in Maharashtra.
What is RERA?
RERA stands for Real Estate (Regulation and Development) Act, 2016, a central legislation aimed at protecting the interests of homebuyers and promoting transparency in the real estate sector.
What is the significance of Section 18 of RERA?
Section 18 of RERA provides for compensation to homebuyers in case of delayed possession of their flats.
Can a partnership firm be held liable for actions taken by its partners?
Yes, under settled law, a partnership firm is liable for actions taken by its partners, and all partners are jointly and severally liable for such actions.
Can a husband and wife be considered a single legal entity?
Yes, legally, a husband and wife are considered a single legal entity, and either spouse can file a complaint on behalf of the other.
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