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.
Tags:
Related News Articles
Election Season Slows Down New Housing Supply in Top Indian Cities
The ongoing general elections have led to a 13% dip in new housing supply across nine major Indian cities, with Pune and Hyderabad being the worst affected.
Building a Legacy: How Ghar Ho To Aisa is Revolutionizing the Housing Industry
Ghar Ho To Aisa's success story is a testament to the power of combining tradition with innovation, fostering a culture that bridges the generational gap.
India's Real Estate Association Makes Waves at International Conference
The Indian real estate association recently made a remarkable impact at The International Real Estate Conference (IREC) 2024, held in Kuala Lumpur.
Shanghai and Shenzhen Plan to Lift Home Purchase Restrictions to Revive Real Estate Market
In a bid to boost the struggling real estate market and achieve the 2024 economic growth target of 5%, Chinese leaders are planning to lift home purchase restrictions in major cities like Shanghai and Shenzhen.
PM Housing Scheme Exploited by Corrupt Agents in Delhi
The real estate market in Delhi has been rocked by a massive fraud involving corrupt agents misusing the PM housing scheme. Many buyers, like Jameel, who owns property worth crores, are investing in these low-cost flats with the intention of flipping them
Real Estate Transactions Plunge 71% in Q3 2024: What's Behind the Steep Decline?
The sharp decline in real estate transaction values in the third quarter of 2024 can be attributed to the absence of large-scale deals, according to a Grant Thornton report.