RERA observed that the respondent did not provide any plausible explanation for the inordinate delay and as a promoter, it was under a duty to inform the complainant about the revised date of possession.
The authority said that even if the reasons for delay were genuine, the respondent was entitled to only seek 6 months extension as permissible under Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act (MOFA).
In light of the findings, the RERA partly allowed the complaint filed by Khan and directed the respondents to transfer possession of the units to him within a period of 15 days from the date of the order.
It further directed the respondent to pay interest to Khan for the delayed period from February 1, 2018 until the date of OC and also directed Khan to pay interest on delayed payment post issuance of OC.
Further, it granted liberty to the parties to adjust the outstanding dues for the delayed consideration payment by Khan with the interest amount payable by Orbit Enterprises at the time of possession.
Source: Barandbench
