No possession date in deed can't be an excuse: RERA

Mumbai: MahaRERA tribunal overruled the order, which was delivered by the chairperson of MahaRERA and stated that developer needs to be held responsible for the delay even if the date of possession is not mentioned in the sale agreement. The developers are trying to escape RERA laws by not mentioning the date.

Aparna Singh, the aggrieved homebuyer had purchased a flat in ‘Victory Heights’ a residential project in Thane. The possession of the flat has been delayed; Ms Singh has not been able to claim interest relief under Section 18 of RERA rules due to absence of possession date in sale agreement. “The cause of action claiming possession even if the date of possession is not mentioned in the agreement and the project being registered with the MahaRERA is becoming a recurring course of action. The allottees right to claim money back or claim interest or compensation is a recurring action and will not be eclipsed if the date of possession is suppressed,” read the order.

According to the order, Ms Singh had purchased the flat in 2014 and was allegedly promised to get possession in two years. Also, payment of more than '5 lakh was paid to the developer. “The complainant is entitled to receive the interest as compensation,” ordered the tribunal.