Possession Date Binding On Builder – Maharashtra Rera Tribunal

Possession of flat does not mean fit out possession under RERA Act. Ruling on the sanctity of the 'specified date' of possession, Maharashtra RERA Tribunal asked the builder to refund the amount paid by the flat buyers along with interest. Two buyers withdrew from the project of the builder three months after the delivery of flats was due.

The tribunal held that the promoters and developers of Palava Lakeside in Kalyan failed to handover the possession of flats by 28 February 2018, as mentioned in the agreement for sale and thus the allottees are entitled to withdraw rom the project and get refund with interest.

Buyers had filed a complaint before MahaRERA stating that their agreement with the builder done in 2014 and builder promised possession for fit-outs by February 2017 and subsequently within a year the final possession with occupancy certificate but with a grace period of one year. The project was incomplete when the RERA Act took effect in May 2017, the