Case 2

Jan 03 2019

Complainant has booked an apartment bearing No. A3 – 1201 in the Respondent’s project ‘SHETH MIDORI’ situated at Dahisar, Mumbai through an allotment letter dated March 16,2015 and even though he has already paid an amount exceeding 10% of the total consideration for the said apartment no agreement for sale has been executed till date. Further, he alleged the Respondent with a malafide intention, has via termination letter dated 30th November, 2017 cancelled the allotment for the said apartment. Therefore, the complainant prayed the Respondent be directed to execute and register the agreement for sale for the said apartment and handover possession of the same at the earliest.

The parties are directed to execute and register the agreement for sale as per the provisions of section 13 of the Real Estate (Regulation and Development) Act 2016 and the rules and regulations made there under within 30 days from the date of this Order. Further, the Respondent shall handover the possession of the said apartments, with Occupancy Certificate, to the complainant before the period of December 31, 2018, failing which the Respondent shall be liable to pay interest to the complainant from January 1,2019 till the actual date of possession, on the entire amount paid by the Complainant to the Respondent.
The Complainant shall make payments totaling to 70% of the principal consideration amount for the said apartment at the time of execution and registration of the said agreement, since the construction work of the project has reached that stage. No interest to be levied on the Complainant for delayed Payments till date. Further payments to be according to the payment schedule stated in the said agreement.

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