Case 5

Jan 03 2019

The complainant has stated that he had booked a residential flat in respondent’s project and paid 100% amount to the respondent. The respondent had also issued him on allotment letter dated 29th April,2017 and agreed to handover the possession of the flat by June 2017. But till date the respondent neither executed registered agreement for sale with him nor gave possession of the flat. Hence, the complainant has prayed for directions to the respondent for execution of agreement for sale with the complainant, for early date of possession and also interest for the delayed possession. Respondent has stated that due to financial crunch she could not execute the agreement for sale with the complainant till date. However, the respondent has filed notarized affidavit-cum-undertaking executed by Mrs.Hemanti Deepak Kulkarni, authorized signatory of the respondent on record of this Authority stating that she will execute the registered agreement for sale with the complainant by May 2018. ln addition to this, the respondent has stated that the possession of the flat would be handed over to the complainant by May 2018.The complainant accepted the said undertaking.

Authority is of the view that since there is no agreement between the complainant and the respondent, section 18 of the Real Estate (Regulation and Development) Act, 2016 is not applicable to this case and therefore, the complainant cannot seek interest for the delayed possession.


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