Oral promise of possession under RERA Act tenable?

Whether a promoter is required to enclose commencement certificate obtained from the competent authority while submitting an application for registration of his project as per Section 4(2)(c) of Real Estate (Regulation and Development) Act, 2016?

By Dr. Sanjay Chaturvedi, LLB, Ph.D.

Umesh Magar and other various complainants V/s Kul Developers Pl’t. Ltd (CC005000000000093) Order dated: 2nd January 2018.

These complainants complain that the respondents have failed to deliver possession of their flats in the year 2016 as orally agreed. They claim their amount with interest u/s. l8 of RERA. However, when they have been confronted with the dates mentioned in their agreements for sale, they have not pressed their complaints u/s 18 of RERA as the agreed dates for possession have not been crossed yet.

The complainants have mentioned that while registering the project with Maha RERA, the respondents have mentioned wrong dates of possession/completion of a project as mentioned above. They have not enclosed commencement certificate and thereby they have contravened Section 4 of RERA.
The respondents contend that they have agreed to deliver possession of the flats booked by the complaints within five years from the date of their agreements. The agreed dates have not lapsed. They have not revised the dates of possession mentioned in the agreements and the flats of the complainants shall be completed within the agreed period of construction.

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