SaudaGhar Presents-
Key Takeaways from MahaRERA Appellate Tribunal's Landmark Judgment Impugned Order Summary:
In May 2021, MahaRERA passed orders concerning complaints filed by flat purchasers against the promoter of the "F-Residences" project in Pune. The initial complaints were about the delay in possession and non-payment of pre-EMI by the promoter. MahaRERA's orders allowed flat purchasers to either continue in the project under the original terms or withdraw as per the agreement conditions, not accounting for the provisions of Section 18 of the Act.
1. Appellate Tribunal's Landmark Judgment- The MahaRERA Appellate Tribunal, in a significant judgment, set aside the previous orders of MahaRERA, bringing forth several crucial points:
2. Absolute Possession Date- The Tribunal emphasised that the possession date mentioned in the sale agreement is absolute and sacrosanct, rejecting any extensions even if grace periods are mentioned.
3. Unconditional Rights of Allottees- It affirmed the unconditional rights of allottees to seek a refund under Section 18 of the Act, irrespective of unforeseen events or regulatory delays not attributable to the allottee.
4. Right to Amend Complaints- The Tribunal acknowledged the right of complainants to alter their relief claims during the litigation process, such as switching from seeking possession to demanding a refund.
5. Promoter's Accountability- It was held that the promoter's failure to deliver possession on the agreed date constitutes solid grounds for the refund of the paid amount to the flat purchasers.
6. Final Order- The Tribunal directed the promoter to refund the paid amounts, including taxes, with interest, within a specified time frame, marking a significant victory for the complainants.
Important: SaudaGhar’s Insight for Home Buyers-
This judgment serves as a powerful precedent, reinforcing the rights of home buyers against unfair practices and delays by developers. It highlights the importance of the registered agreement’s terms and safeguards the interests of buyers in real estate transactions. As part of SaudaGhar's commitment to empowering buyers, we emphasize the significance of this ruling in upholding bu