Amar Prakash Developers Have to Compensate The Buyers:Ordered TamiL Nadu RERA
The developers should not delay to handover the possession and delivery of the property on the basis missing the date of payment done by the buyers if in case the promoters willingly failed to inform the buyers about the several stages of constructions. Residential projects in Kolkata follow and obey the rules of RERA to avoid the inconvenience which can harass both the buyers and developers.
The rights which enhance the buyers and also the Tamil Nadu Real Estate Regulatory authority (TNRERA) ordered that the buyers should not pay any interest for delaying the project which has been caused by the developers.
This case took place in Palm Riviera, Thiruvananthapuram, a housing project in the western outskirts of the city which has been developed and constructed by Amar Prakash Developers Pvt.ltd, Latha Devi and E Gani filed a complaint against the promoter that the buyers had not got the possession of the property on 2015 as per the date mentioned in the agreement done between the developers and buyer on 2013.
The buyers also stated in their complaint that the developers asked for extra payment of 3.42lakhs to handover the possession though the buyers had already paid 46.09lakhs including UDS.
The developer, Aman Prakash, explained that as per the agreement norms, the buyers are not authorized to “insist and press” on the specified time for the possession of the flat.
The charges of the interest were due from the buyer’s end before asking for the possession. The payment was due from the complainants and the promoters said that the possession of the apartment by the buyers is not claimed as per the permission of the agreement. As stated in the agreement, the developer will pay 24% of the interest which the buyer had not cohere to the payment module.
The adjudicating officer of TNTERA, G Saravanan, revised in his orders that there is no document showing how the interest charges will be implemented on delay in payment schedule amounting to 4.40lakh. according to the clauses of the agreement, the developer is authorized for delay interest charges from the date of default till the date of actual payment by the buyers. But the responsibility of paying the interest charge on defaulting the payment by the buyers will arise when the date of completion of the construction was not informed to the buyers with the due date of the payment. So the order shows the clear rejection of the interest delay charges over delayed payment asked by the developer.
The TNRERA awarded the compensation charge to the buyers as they were staying in the rented flat from 2015. The state regulatory authority also imposed the compensation charge of 5.40lakh on the developer at the rate of 9820 per month for the period starting from May 2015 to November 2019for being late to handover the authority of the property. Along with that 2lakh has been imposed on the developers for the inconvenience to the buyers and creating mental torture.
