Developer directed to pay interest on Rs.27-L deposit
Mohali, March 16 -- A Chandigarh couple has received relief from the Punjab Real Estate Regulatory Authority (RERA) that has directed Omaxe Chandigarh Extension Developers Pvt Ltd to pay interest for delay in handing over possession of a flat booked in its New Chandigarh project.
Passing the order, RERA held that since possession was not offered by the committed date of December 2022, the complainants were entitled to interest for the delay under Section 18(1) of the Real Estate (Regulation and Development) Act.
The complainants, residents of Sector 38-C, Chandigarh, had booked a three BHK flat in 2018 in "The Resort, Part-A" project in Omaxe, New Chandigarh. As per the buyer's agreement, signed on July 6, 2018, the total price of the unit was Rs.54.89 lakh and possession was to be delivered by December 2022. The couple told the authority that despite paying about Rs.27.6 lakh, the developer had not offered legal possession.
Complainant's counselShahnawaz argued that the developer had illegally charged Rs.42,760 as interest even before execution of the buyer's agreement and sought refund of Rs.18.69 lakh, claiming they were charged for the super area instead of carpet area.
During the hearing, the developer's counsel argued that the price of the unit had been mutually agreed in the agreement for sale and included costs of land, construction, common areas, internal and external development charges and other amenities. The company submitted that the total price of the unit was fixed first and the square-foot calculation was only a method to explain the pricing. It contended that there was no bar under the law on mentioning super area in agreements.
During the hearing, the defence argued that construction timelines were impacted by the Covid-19 pandemic. The respondent submitted that work had come to a halt during the lockdown and later resumed "at a snail's pace" due to shortage of labour, resources and logistical challenges. The company sought exemption from paying interest for the pandemic period and relied on decisions of consumer commissions where developers were granted extensions because of Covid-19 disruptions.
The authority considered the argument and referred to a ruling of the Punjab Real Estate Appellate Tribunal in Hero Realty vs Arun Premdhar Dubey, which held that developers could be given a limited extension on account of force majeure during the pandemic.
Accepting this contention partly, the authority allowed exclusion of four months from the delay period due to Covid-19. However, it held that possession had still not been offered even after the committed date and that the buyers were entitled to compensation for the remaining delay. The authority also rejected the complainants' claim seeking refund on the basis of super area, noting that the agreement specified a total unit price that included proportionate share in common facilities and amenities.
The authority directed the developer to issue an offer of possession after obtaining the completion certificate and to pay interest at 10.8% per annum on the amount deposited by the complainants from December 1, 2022 till possession is handed over, after adjusting the four-month Covid relief period, translating to Rs.24,840 per month....
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