RERA directs developer to pay Rs.56L to buyer, rejects Covid excuse
Mohali, June 9 -- Punjab Real Estate Regulatory Authority (RERA) rejected Omaxe Chandigarh Extension Developers Pvt Ltd's claim that the Covid-19 pandemic caused delays in handing over a residential unit in New Chandigarh and has ordered the developer to pay more than Rs.56 lakh in interest to an SBI deputy manager who booked the property in 2015.
RERA Member Binod Kumar Singh passed the order while deciding a complaint filed by Ashok Kumar Bansal of Sangrur against Omaxe Chandigarh Extension Developers Pvt Ltd. Advocate Mohammad Shahnawaz Khan appeared for the complainant. Bansal had booked a 3-BHK penthouse in Omaxe's "The Lake" project at New Chandigarh in 2015 and paid Rs.74.50 lakh for the unit. Under the allotment agreement dated June 12, 2015, the developer was required to hand over possession by June 11, 2019.
The buyer alleged that despite paying a substantial amount, he had not received possession of the unit. He also sought interest for the delay and raised objections regarding charges based on super area instead of carpet area.
During the proceedings, Omaxe argued that the Covid-19 pandemic and force majeure conditions affected construction timelines and entitled it to an extension. The developer also contended that the agreement was executed before the enactment of the Real Estate (Regulation and Development) Act, 2016.
However, RERA noted that the contractual possession date expired on June 11, 2019, whereas the pandemic began in India in March 2020. "The date of possession was 11-06-2019 and the pandemic started from March 2020 onwards," the authority observed, holding that the promoter's non-performance could not be condoned on account of the Covid lockdown.
The authority found that the project remained without a completion or occupation certificate and that no valid offer of possession had been made to the complainant.
RERA directed the developer to pay interest at 10.80% per annum on the amounts deposited by the buyer and calculated the interest arrears up to May 10, 2026, at Rs.56.28 lakh. It also ordered the developer to continue paying interest at approximately Rs.67,058 per month until legal possession is handed over or until possession is offered after obtaining the necessary completion certificate.
The authority further directed Omaxe to issue an offer of possession only after obtaining the completion certificate from the competent authority....
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