UPRERA Directs Builder To Pay Interest For Delayed Possession Of Commercial Units In Festival City Project, Noida
5 months, 3 weeks ago

UPRERA Directs Builder To Pay Interest For Delayed Possession Of Commercial Units In Festival City Project, Noida

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Uttar Pradesh Real Estate Regulatory Authority bench, comprising T. Venkatesh, directed the builder, Mist Direct Sales Private Limited, to deliver possession of nine commercial units and pay interest for delayed possession in the Festival City Phase III project, Noida. The authority referred to the Supreme Court's decision in the Supertech Limited vs. Rajni Goyal case, which stated: "The period of interest should close on April 2016 when the full Occupancy Certificate was obtained as per the admission of the Respondent Purchaser herself in Para 4 of the Consumer Complaint, wherein she has admitted that the Appellant Builder had obtained the Completion Certificate as late as April 2016. The authority also mentioned Clause 9.2 of the Real Estate Rules, 2018, which read as: "The allottee shall have the option of terminating the Agreement, in which case the Promoter shall be liable to refund the entire money paid by the allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate equal to MCLR on home loan of State Bank of India +1% unless provided otherwise under the Rules, within forty-five days of receiving the termination notice." The authority also directed the builder to pay the complainant interest for the delayed period from 01.01.2018 until the Occupation Certificate is obtained or possession is offered.

History of this topic

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