13 yrs, no flat: 2 homebuyers win money back+interest

Two homebuyers from Mumbai, Kishor Krishnan Kutty and Deepak Laxmidas Thakkar, purchased flats in a project in 2013, expecting possession by December 2014. However, the project has lapsed without an extension and they have not received their homes. Both buyers paid a total of Rs 1.16 crore for two flats, but the builder has failed to deliver possession.

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled in their favor, directing the builder to refund the money paid by the buyers, along with interest. Kutty and Thakkar had paid Rs 50 lakh by cheque and additional amounts in cash. The tribunal observed that despite accepting substantial amounts, the builder failed to hand over possession and an Occupation Certificate within the stipulated period.

The delay was attributed to disputes regarding municipal charges, the COVID-19 pandemic, and lockdown. The homebuyers prevailed due to the prolonged and continuing default, and their allotment letters provided strong documentary proof of their payments. The builder attempted to stall by citing its own pending civil suits, but this failed as Section 79 of the RERA Act bars civil court jurisdiction over matters the Authority can decide.

The final order directs the developer to refund the amounts paid, along with interest, within 60 days, and also imposes a penalty of Rs 20,000 each on the builder.