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MOHALI: A delayed completion certificate obtained by a builder cannot compel a buyer to take possession of a flat, according to Real Estate regulator Right (Rare) in a judgment relating to a case of a housing society in Zirakpur,
Ajay Pal Singh, Member, RERA directed while giving relief to Niklesh Dubey and Anuja Dubey, residents of Panchkula.Sushma Chandigarh GrandeApart from harassment charges, Zirakpur Housing Society should refund the amount of flat booking with interest.
Dubey’s lawyer Jagan Nath Bhandari said that he had booked a flat in Zirakpur with a real estate firm. Chandigarh In February 2016, the tax office paid Rs 59.92 lakh. As per the agreement, the flat was to be handed over within 48 months. But the realtor failed to obtain the completion certificate and could not give the possession within the stipulated time. When the buyer demanded the refund, the realtor refused to pay and instead accepted delayed possession, the lawyer said.
The realtor argued that he 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 supposed to give possession by June 2016 but offered it in June 2020, the lawyer said
The RERA order states, “At this belated stage, the complainants cannot be compelled to take delayed possession of the units. In the circumstances, the provisions of section 18(1) of the Act will apply and the complainants will be entitled to refund.” with interest at the prescribed rates.”
“As per a clause in the apartment buyer’s agreement, the possession was to be given within 48 months (including a grace period of six months) by June 26, 2016. However, the partial completion certificate was received on July 23, 2019 and the offer Possession of possession on June 22, 2020, almost four years after the due date.” The RERA member directed the realtor to refund Rs 59.92 lakh along with interest.
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