By Rohit Sharma
In December 2014, a home buyer booked a flat in Parijat CHS Ltd in Borivali by executing a registered agreement for sale in which the buyer paid 70% of the amount of its flat. According to the said agreement, the promoter was liable to handover possession of the said flat to the buyer by March 31, 2015. But due to delay in the project the possession is yet to be given.
Later it came into the lime night that the said project was the redevelopment project of Parijat CHS Ltd. The order read that “The builder has undertaken redevelopment work of the said society and in December 2016 the society terminated his appointment as the promoter and also filed arbitration proceeding before the court.”
An advocate from builders side said that “Due to the pendency of the said proceeding the builder could not complete the project, within a time-bound manner. However, the respondent stated that since he has failed to hand over possession of the said flat to the home buyer, he is ready and willing to refund the amount paid by the buyer with interest.
Dr Vijay Satbir Singh, Member of Maha RERA was hearing case said, “The respondent is directed to pay Interest to the complainants from 1st May 2017 till the actual date of possession of the prevailing rate of Marginal Cost Lending Role (MCLR) plus 2% as prescribed under the provisions of Section-18 of the Real Estate (Regulation and Development) Act, 2016 and the termination issue is sub-judice before the Hon’ble High Court of Bombay and some hos, not attained to finality.”
He further noticed that the Parijat CHS Ltd the owner of the plot of land under the said project, who has undertaken the re-development work through the respondent, is also equally liable for the project is also promoter-owner of the said project and its name is not uploaded on Maha RERA website, by the respondent. The Maha RERA, therefore, directs to add the name of society as promoter owner in the project under reference website.