Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Jangid Constructions to refund over Rs 1.1 crore with 10.4% interest plus stamp duty and registration charges to a flat buyer.
The developer had failed to hand over possession of two flats in Thane’s Ghodbunder Road within the stipulated period.
In his March 23 order, Madhuv Kulkarni, the adjudicating officer of MahaRERA, also directed the builder to pay the complainant, Kanwal Tikoo, Rs 20,000 as costs within 30 days of the order.
In 2015, Tikoo booked two flats in Jangid Galaxy at Ghod-bunder Road. The agreement said that the date of possession would be March 2016. Tikoo had paid 95% of the amount and as there was delay in possession, he filed a complaint before the MahaRERA in 2017.
“On the undertaking of the promoter to pay interest till actual date of possession, the complaint was disposed of in December 2017. But the promoter did not pay any interest and as per my client, also changed the layout of the building causing obstructions to air and view. Hence my client had sought refund with interest and compensation,” said Tikoo’s advocate Avinash Pawar.
The matter was delayed due to the coronavirus-induced lockdown and was finally heard recently. The promoter replied that he paid a sum of Rs 5 lakh each in respect of the two flats and denied having made any changes in the layout plan as alleged by Tikoo.
But the MahaRERA observed that the undertaking to deliver possession by March 2018 has been flouted by the respondent. Consequently, the complainant is entitled to refund of the amounts paid, including stamp duty as it cannot be recovered being time barred. Only payment of Rs 10 lakh will not absolve the respondent, it said.