Status as on- 26/01/2020
In the Imperial Heights project, MahaRERA heard two complaints together which were filed by Mr. Maureen Motwane and Mr. Harish Bhimani & Mrs. Rekha Bhimani (Complainants) respectively.
MahaRERA on finding the violations of Section 18 of the RERA Act has passed orders against Epitome Residency Pvt. Ltd. (Respondent)in Complaint Nos. CC006000000110896 and CC006000000110897 and directed them to refund the principal mount along with applicable interest as prescribed under the provision of Section 18 of the RERA Act, 2016 and the rules and regulations made there under.
In this project earlier, MahaRERA has passed similar directions in Complaint Nos. CC006000000054950, CC006000000044119, C006000000057670 on 1st October, 2018, 4th October, 2018 and 29th July,2019 respectively.
In the instant complaint, MahaRERA observed that the complainants are the allottees in the said project being developed by Epitome Residency. The Respondent has executed the agreements for sale with the said allottees in the year 2016 and 2010 respectively. As per the agreements for sale, the respondent was to handover possession of their respective flats to the complainants on or before September, 2017 and February, 2013 respectively including the grace period of six months. But, till date, the respondent has failed to handover the possession of the said flats to the complainants. The complainants further stated that, they have paid substantial amount towards the consideration amount of the said flats and the payment was done as and when demanded by the respondent. The complainants, therefore, sought refund of the amount paid to the respondent along with interest.
Moreover, Respondent claimed that RCC structure of building is already complete and granting refund at this stage would be detrimental and will jeopardize the interest of other flat purchasers. In addition, respondent in its defense also stated that delay in the construction project was due to reasons beyond its control and force majeure circumstances such as disputes with Best, MCGM and also the project was wrongly classified as CRZ zone.
Hence, MahaRERA directs the respondent to refund the amount paid by the complainants to the respondent along with interest under Section-18 of the RERA.
Disclaimer– The above article is based on the personal interpretation of related laws, which may differ from person to person. The readers are expected to take expert opinion before relying on this article. For more clarification, the readers can be expected at shriya@centrik.in or support@centrik.in
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