Punjab RERA Holds ATS Estate Liable For Delayed Possession, Orders Refund With Interest To Homebuyer
Live LawPunjab Real Estate Regulatory Authority Bench, Comprising of Binod Kumar Singh directed ATS Estates to refund Rs. Due to the prolonged delay and lack of communication, the homebuyers decided to withdraw from the project and filed a complaint before the authority, seeking a refund of the amount paid along with interest as well as the assured monthly rental of ₹72,000 for the period from August 2019 to March 2020. Observation and Direction of Authority On the contention of builder that the completion date of the project was set for 1st September 2026, the Authority referred to the Supreme Court's decision in the case of Imperia Structures Ltd. v. Anil Patni and Anr., where it was observed that the date for delivery of possession to the homebuyer is the date mentioned in the agreement for sale and not the date until which the project registration is valid. The Authority also referred to Clause 14 of the Buyer Agreement, which stipulated that the builder was to hand over possession of the flat within 42 months with an additional 6-month grace period from the date of commencement of the actual construction of the tower. Furthermore, the Authority referred a letter dated 13th February 2017, issued by the builder to another homebuyer in the same tower where the complainant had booked the flat.