MahaRERA Upholds Homebuyers' Rights: Orders Builder to Pay Interest for Delayed Possession
The Maharashtra Real Estate Regulatory Authority has directed a builder to pay interest to homebuyers for delayed possession of flats in Suburbia Estate Phase I, Pune.
Maharashtra Real Estate Regulatory AuthorityMahareraReal Estate RegulationDelayed PossessionHomebuyers RightsReal Estate PuneJul 03, 2024
The homebuyers alleged that the builder had failed to disclose pending litigation affecting the project on the MahaRERA website and had misused funds received from them. They sought possession of the flat and interest for delayed possession under section 18 of the Real Estate (Regulation and Development) Act, 2016.
The builder, in its defense, contended that the homebuyers had failed to provide copies of the agreements for sale and had not included the builder's firm or its partners, who are parties to the agreement for sale, in their complaints. Additionally, some homebuyers did not include co-owners as parties in their complaints.
The Authority, 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.
Regarding the issue of not including co-purchasers (wives of the complainant) as parties to the complaint, the Authority observed that legally, a husband and wife are considered a single legal entity. 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.
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. The decision is a significant victory for homebuyers, who have been struggling to get possession of their flats.
Information
Maharashtra Real Estate Regulatory Authority (MahaRERA) is a statutory body established under the Real Estate (Regulation and Development) Act, 2016, to regulate and promote the real estate sector in Maharashtra.
Suburbia Estate Phase I is a residential project developed by M/s. SSG Realty & Infra LLP, a real estate development company based in Pune.
Frequently Asked Questions
What is MahaRERA?
Maharashtra Real Estate Regulatory Authority (MahaRERA) is a statutory body established under the Real Estate (Regulation and Development) Act, 2016, to regulate and promote the real estate sector in Maharashtra.
What is the purpose of MahaRERA?
The purpose of MahaRERA is to protect the interests of homebuyers and to promote fairness and transparency in the real estate sector.
What is delayed possession?
Delayed possession refers to the failure of a builder to hand over possession of a flat or property to a homebuyer within the agreed-upon timeframe.
What are homebuyers' rights under RERA?
Homebuyers have the right to seek possession of their flat and interest for delayed possession under section 18 of the Real Estate (Regulation and Development) Act, 2016.
Can a builder be held liable for delayed possession?
Yes, a builder can be held liable for delayed possession and can be directed to pay interest to homebuyers under section 18 of the Real Estate (Regulation and Development) Act, 2016.
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