RERA cannot re-write contract – Flat delivery date
Judgment dated 21.8.2025 of the Maha Real Estate Appellate Tribunal, Mumbai, in Appeal No.235137 of 2024 in Complaint No.375309 of Nitin Walavalkar and another Vs. Supreme Construction and Developers Pvt Ltd.
As per the Agreement dated 2.5.2013, the respondent – promoter agreed to hand over possession of the flat in Clan City-Ruby Project, on or before 31.12.2017.
The home buyer filed consumer complaint since the promoter failed to give possession inspite of payment of substantial amount.
The Authority observed that the complainants are willing to continue with the subject project, they are entitled to interest for the delay from 1.1.2021 till possession. However, the claim for compensation was rejected.
Thus, the Authority has shifted the date of possession from 31.12.2017 to 31.12.2020 for grant of interest on the ground that the agreement was executed prior to the RERA Act.
In that context, the Tribunal HELD that the right of the allottee to interest every month of delay till possession is unqualified and is indefeasible which cannot be defeated for any reasons.
