MUMBAI: After the complaint filed with Maharashtra Real Estate Regulatory Authority (MahaRERA), realty firm Nirmal Lifestyle (Kalyan) Pvt. Ltd. on Tuesday directed to pay an interest equal to the State Bank of India highest Marginal Cost of Lending Rate plus 2% as prescribed in Rule 18.
As per the data on MahaRERA website, more than 5 cases have been heard till now and some are still under process. Most of the cases which are against Nirmal Lifestyle (Kalyan) Pvt. Ltd. are related to delay in possession or seeking for refunds, said the data.
Ravi Nair (complainant) filed a case (COMPLAINT NO: CC006000000000724) for calming interest for delayed possession from Nirmal Lifestyle (Kalyan) Pvt. Ltd. in respect of Flat No. 303 on the 3rd floor in building known as ‘Glory’ admeasuring about 600 Sq. ft. at Village Vadavali, Kalyan.
The agreement for sale was dated 22sd February, 2013, for a consideration amount of Rs 22,09,320, out of which paid Rs. 20 lakhs was paid by obtaining a loan of Rs 17 lakhs. As per the agreement, the date of possession was June 2016 with a grace period of 6 months. However, till date, the possession has not been given by the respondent, said the data.
The case was heard today by Dr. Vijay Satbir Singh, Member of MahaRERA, during the hearing the complainant was focused on the delayed possession interest, whereas Rohit Chavan (appeared on behalf of the respondent) was ready to settle the matter amicably as per the provisions of RERA Act, 2016. The complainant refused to the said offer of the respondent.
Dr. Vijay Satbir Singh,” It is clear that the possession of the flat has been delayed in this case. Hence the respondent is directed to pay an interest equal to the State Bank of India highest Marginal Cost of Lending Rate plus 2% as prescribed in Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 from May 2017 onwards till the date of possession”.
“The respondent shall pay the interest within a period of thirty days from the date on which such Interest, becomes due and payable to the complainant and shall also submit the compliance report before this Authority within a period of 30 days from the date of payment,” Singh added.