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MUMBAI: MahaRERA in a recent order directed Unmesh Joshi, promoter of Kohinoor City at Kurla, to pay a home buyer 9% interest on the amount paid by him till possession of the flat was handed over.
The complainant had booked the flat in 2014 and had paid over Rs1 crore. The developer had initially promised possession by 2016, but later revised it to June 2021. MahaRERA member BD Kapadnis rejected the contention of the developer that the complainant was not entitled to seek interest for delayed possession as an agreement for sale had not been executed.
According to the complaint, Deepak Mandlik had booked a flat in the project on December 9, 2014. Though the promoter had agreed to hand over possession by December 31, 2016, the project is still under construction. Mandlik paid over Rs1 crore of the total Rs1.74 crore, but no agreement for sale was executed by the developer.
Mumbai: MahaRERA rejects Kohinoor Developers contention against two homebuyers
MahaRERA has directed developer to pay interest at the rate of 9 per cent per annum on the received amount till handing over the possession of the flat
The Maharashtra Real Estate Regulatory Authority(MahaRERA) has dismissed Kohinoor developers contention that homebuyers - Priyanka Vij and Vandana Vij - seeking interest on payment made over delay in possession of flat in the project Kohinoor City residential Phase II, at Kurla (West) is non-maintainable since they have repurchased it and no sale deed has been signed between both.
MahaRERA Member-II BD Kapadnis, however, in the order cited that when the complainants repurchased the flat from original allottee -Shabina Faruq Ahmed Shaikh, it granted sale and transfer of flat. Therefore, the complainants stand in the shoes of the original allottee.