6 yrs on, couple awaiting flat possession gets RERA relief
Mohali, May 10 -- After waiting for more than six years for possession of an apartment in Omaxe's The Lake project at New Chandigarh, a Chandigarh couple secured relief from Punjab RERA that directed the developer to pay around Rs.54 lakh as interest at 10.80% per annum. The firm has also been asked to hand over possession after obtaining completion and occupation certificates.
Kabir Chauhan and Brindra Chauhan, residents of Sector 40-A, Chandigarh, had booked a 3BHK flat in Tower Caspean-E of the project in 2014. They signed the buyer's agreement with Omaxe Chandigarh Extension Developers Pvt Ltd in March 2015 for a flat measuring 1,920 square feet at a total cost of Rs.80 lakh. Represented by advocate Shahnawaz Khan, the couple told the authority they had already paid over Rs.70 lakh, including GST, but possession never came despite the promised timeline ending in March 2019.
The buyers also accused the developer of charging them on "super area" instead of "carpet area". They claimed the actual carpet area disclosed before RERA was only 1,263 square feet and sought a refund of nearly Rs.25.84 lakh for the alleged excess area charged. They further accused the company of unfair trade practices and sought penalties under the RERA Act. The developer, however, contested the allegations. Omaxe argued that the buyers had knowingly signed the agreement in 2015 after understanding that pricing would be based on super area, which included common facilities and shared spaces.
The company maintained that there was no legal prohibition on charging by super area and said the total price of the unit, not the area calculation method, was the determining factor in the deal.
The builder further cited Covid-19 disruptions, labour shortages and supply-chain issues as reasons for the delay. However, RERA refused to grant relief on that ground, observing that possession was due in March 2019, before the pandemic began.
But RERA refused to give the company the benefit of Covid-related delays, noting that possession was due in March 2019, almost a year before the pandemic struck India.
While rejecting the buyers' plea seeking refund over the carpet-area dispute, the authority held that project was delayed, directing the company to pay interest on over Rs.68 lakh deposited by complainants from March 21, 2019, till the date of the order. It directed the developer to continue paying interest till possession is handed over with valid completion and occupation certificates....
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