Reason beyond the control of Promoter, due to which the completion of the project has got delayed, not maintainable

Are Commercial units covered under RERA?

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

Hitesh Parthviraj Mehta V/s Point Developers Pvt. Ltd (CC006000000001226) Order dated: 8th January 2018

The Complainant has purchased a commercial unit bearing no. 5 in the respondent s project ‘Business point’ located at Chembur, Mumbai through an agreement for sale dated September 09, 2016 pursuant to which the possession of the said unit was to be handed over latest by 31st March 2017.

The advocate for the Respondent explained the reasons, beyond the control Respondent, of the due to which the completion of the project has got delayed. However, the reasons mentioned pertain to period either before the agreement for sale was signed and registered (September, 2015) or the date for handing over of the commercial unit He mentioned at out a stop work given by the Collector in May,2O17. He, further, cited a delay made by the Complainant in making payments of the consideration amount as stipulated in the agreement for sale, to the Respondent.

Maha RERA Ordered: In view of the aforesaid facts, the Respondent is directed to pay interest to the Complainant from October 7, 2017, till the actual date of possession, on the entire amount paid by the Complainant to the Respondent.

Credits: Landmark Judgements of RERA (Book)

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