MOHALI: A delayed completion certificate obtained by a builder cannot force a buyer to take possession of a flat, according to Real Estate Regulatory Authority (Rera) in a ruling related to a case of a housing society in Zirakpur.
Ajay Pal Singh, member, Rera, while giving relief to Panchkula residents Niklesh Dubey and Anuja Dubey, directed “Sushma Chandigarh Grande” housing society in Zirakpur to refund the flat booking amount along with interest in addition to harassment charges.
Jagan Nath Bhandari, the counsel for the Dubeys, said they had booked a flat with the real estate firm in Zirakpur through their Chandigarh office by paying Rs 59.92 lakh in February 2016. The flat was to be handed over within 48 months, according to the agreement. But the realtor failed to get a completion certificate and could not give possession in the stipulated time frame. When the buyer sought refund, the realtor refused to pay and instead asked to accept delayed possession, said the counsel.
The realtor argued they had obtained the completion certificate but the buyer refused to take possession. The completion certificate was obtained after a delay of four years as the realtor was to give possession by June 2016 but offered it in June 2020, said the counsel
The Rera order stated, “At this belated stage, the complainants cannot be compelled to take delayed possession of the unit in question. In the circumstances, provisions of Section 18(1) of the Act would come into force and the complainants entitled to refund along with interest at the prescribed rates.”
“As per a clause of the apartment buyer’s agreement, possession was to be delivered within 48 months (including grace period of six months), by June 26, 2016. However, partial completion certificate had been obtained on July 23, 2019 and the offer of possession made on June 22, 2020, after about four years of the due date.” The Rera member directed the realtor to refund Rs 59.92 lakh along with interest.
