A building will be considered incomplete till the Occupation Certificate (OC) is received. And the homebuyer can approach the regulator seeking interest on delayed possession even if the complaint is made hardly a few days before the OC comes in.
When a homebuyer approached Maharashtra Real Estate Regulatory Authority claiming the developer hadn’t handed him the possession as promised, the developer contended that the complaint be rejected as he had already received Occupation Certificate. However, MahaRERA held that as the complaint was filed close to 45 days before the OC was received, the complaint was valid. The developer was asked to pay interest to the homebuyer. Also, though MahaRERA came into force on May 1, 2017, it asked the developer to pay interest to the homebuyer for delay in possession from November 2014.
Richard Jerm Dsilva had booked a flat in builder Fareed Merchant’s project Thais Residency in Andheri and the developer had agreed to deliver its possession within 30 months from the date of agreement for sale on May 10, 2012. The complainant produced the agreement for sale showing the same thus the possession was to be on November 9, 2014. However, the developer had not handed over the possession of the flat on agreed date and MahaRERA held it is an admitted fact.
The developer contended that they have obtained the occupation certificate and therefore this complaint is not maintainable. The DeSilva filed the complaint on May 7, 2018 and the occupation certificate was issued on June 11, 2018. Thus, MahaRERA held that on the day of the complaint the project was incomplete.
WHAT THE AUTHORITY SAID
BD Kapadanis, adjudicating officer, said, “I hold that Section 18 of RERA is applicable to the facts of the case because on the dale of the complaint, the respondents failed to complete and hand over the possession of the flat to the complainant even after the lapse of the agreed date of possession.”