WBREAT Directs Builder To Pay Interest To Homebuyer For Delayed Possession And Hand Over Flat With Car Parking Space

West Bengal Real Estate Appellate Tribunal (Tribunal), comprising Justice Rabindranath Samanta (Chairperson), Gour Sunder Banerjee (Judicial Member) and Dr. Subrat Mukherjee (Administrative Member) has provided relief to a homebuyer who purchased a 1,219 sq. ft. flat with a car parking space in the builder project. The Tribunal directed the builder to hand over possession of the flat with the car parking space and pay interest to the homebuyer for the delay in possession. Background Facts The homebuyer (Respondent) booked a flat with a car parking space in the builder's (Appellant) project named “Southern Sky” located in Narendrapur, South 24 Parganas District, West Bengal for a total sale consideration of Rs.50,32,200. On September 24, 2022, the homebuyer and the builder entered into an agreement for sale under which the builder was obligated to hand over possession of the flat with the car parking space by December 24, 2022. Despite the homebuyer paying Rs. 31,70,286 towards the total sale consideration the builder failed to deliver possession within the stipulated timeframe. Aggrieved by the delay, the homebuyer filed a complaint before the West Bengal Real Estate Regulatory Authority (Authority). The Authority, through its order directed the builder to pay interest to the homebuyer for the delay, deliver possession and execute the conveyance deed in the homebuyer's favor. Subsequently, the builder filed an appeal before the tribunal arguing that the homebuyer had refused to take possession of the flat despite being requested to do so after clearing the outstanding dues. Observation and Direction by Tribunal The Tribunal held that since the builder failed to obtain the completion and occupancy certificates as required under the West Bengal Municipal Act, 1993 and the West Bengal Municipal (Building) Rules, 2007, the project and the flat could not be considered complete. Tribunal observed that the homebuyer was justified in refusing possession as the flat was incomplete despite requests from the builder. Tribunal modified the authority order and directed Builder to obtain the completion as well as Occupancy Certificate from the concerned municipal authority and hand over possession of the flat with a car parking space after issuing a notice. Tribunal also directed the builder to pay interest at the rate of SBI Prime Lending Rate + 2% per annum to the homebuyer on Rs. 31,70,286 from December 24, 2022 until possession is delivered. Additionally Tribunal directed homebuyer to pay remaining of Rs. 22,84,527 before or on the date of possession. Case – Shri Joydeep Majumder & Senco Infrastructure Pvt. Ltd. Versus Suchismita De Citation – WBREAT/APPEAL NO. – 007/2024 Date - 17.09.2024 Click Here To Read/Download The Order

WBREAT Directs Builder To Pay Interest To Homebuyer For Delayed Possession And Hand Over Flat With Car Parking Space

Aryan Raj

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