MahaRERA Orders Ashapura Homes to Deliver Flat with Occupancy Certificate and Pay Delay Interest
MahaRERA has directed Ashapura Homes Pvt. Ltd. to hand over possession of a flat along with the Occupancy Certificate (OC) to homebuyers and pay interest for the delay.
Homebuyers Sachin Satish Phatak and Jyoti Phatak filed a complaint with MahaRERA over the delayed possession of their flat. The flat, located on the 14th floor of the 'A and O Bellevue' project, was registered under MahaRERA. The total consideration for the flat was Rs 71.89 lakh, and an Agreement for Sale was executed on May 21, 2018. According to the agreement, the developer promised to hand over possession of the flat by December 31, 2020.
The Phataks, represented by advocate Anil D’sousa, informed the authority that they had paid over 99 percent of the flat's total cost, including Rs 71.79 lakh towards consideration, along with additional amounts for stamp duty, registration charges, GST, and TDS. Despite making almost the entire payment, the possession of the flat was not handed over within the stipulated timeline.
The complainants also alleged that the developer had demanded certain payments in cash at different stages and warned that failure to comply could result in the cancellation of the booking or forfeiture of the amount already paid.
After examining the records and submissions from both sides, MahaRERA held that the allottees were entitled to possession of the flat along with the Occupancy Certificate. The authority directed the developer to hand over possession of the flat with the OC and all necessary approvals.
MahaRERA further ordered the developer to pay interest for the delay in handing over possession from January 1, 2021, until the actual date of possession. The interest is to be calculated on the amount paid by the complainants towards the flat, excluding statutory charges such as stamp duty, registration fees, and taxes. Additionally, the developer was directed to pay litigation costs of Rs 20,000 to the complainants.
This ruling by MahaRERA underscores the importance of timely project completion and adherence to regulatory norms in the real estate sector. It also highlights the rights of homebuyers and the role of regulatory authorities in ensuring fair practices.
