MahaRERA directs L&T Parel Project to hand over flat in one month to buyers – ET Realty

MahaRERA directs L&T Parel Project to hand over flat in one month to buyers – ET Realty

Possession was to be handed over by February 29, 2020. The complainants, represented by advocate Anand Kandoi, claimed that on March 9, 2020, the promoter issued only a fit-out possession letter.

MUMBAI : MahaRERA has directed L&T Parel Project (LLP) to pay interest and hand over within a month actual possession of a 72.5 sqm flat along with two car parks in its Crescent Bay project to a doctor couple.

According to the complainants, Dr Mahesh Goel, who works as a surgeon at Tata Memorial Hospital, and Dr Vijayalaxmi Goel, they had booked a flat on December 6, 2019 and entered into a registered agreement for sale (AFS) on January 23, 2020. They paid the entire sum of over Rs 3 crore.

Possession was to be handed over by February 29, 2020. The complainants, represented by advocate Anand Kandoi, claimed that on March 9, 2020, the promoter issued only a fit-out possession letter.

Subsequently, the promoter also wanted a draft rectification deed to be executed with the buyers.

The promoter, represented by advocate Nilesh Gala, contended the project was complete and had an occupancy certificate on March 12, 2019. The promoter further claimed the complainants had taken possession of the flat. The promoter also alleged that the complainants had taken advantage of a typographical error in the AFS to claim two parking spaces.

However, MahaRERA member Vijay Satbir Singh observed the possession letter is for fit-out possession and there is no provision of fit-out possession under RERA. He stated the obligations of the promoter towards the allottee continue till full possession is offered and don’t end merely because OC had been obtained before execution of agreement for sale. MahaRERA also observed that the communications sent by the promoter clearly show that final possession was not given. It said merely showing the electricity meter in the name of the complainants does not prove they have got final possession of their flat and have moved in.

Singh also rejected the promoter’s claim that the two car parks mentioned in the AFS was inadvertent and a typographical error.

In the order on April 5, the promoter was directed to pay interest on the amount paid by the complainants at highest marginal cost of lending rate (MCLR) of SBI plus 2% from the agreed date of possession mentioned in the AFS till the date of actual possession of the flat.

For more details click the below link : https://realty.economictimes.indiatimes.com/news/regulatory/maharera-directs-lt-parel-project-to-hand-over-flat-in-one-month-to-buyers/82191513

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