Karnataka RERA holds real estate developer liable for delayed possession; orders builder to pay compensation to buyers

Karnataka RERA holds real estate developer liable for delayed possession; orders builder to pay compensation to buyers


Karnataka Real Estate Regulatory Authority (KRERA) has ordered Bengaluru-based listed real estate developer Shriram Properties to pay 12.7 lakh in delayed compensation after the developer failed to inform the authority and the buyers about the project litigation at the time of project registration.

Karnataka Real Estate Regulatory Authority (KRERA) has ordered Bengaluru-based listed real estate developer Shriram Properties to pay <span class=
Karnataka Real Estate Regulatory Authority (KRERA) has ordered Bengaluru-based listed real estate developer Shriram Properties to pay 12.7 lakh in delayed compensation after the developer failed to inform the authority and the buyer about the ongoing project litigation at the time of registration. (Picture for representational purposes only)(Pixabay)

“Developer is directed to pay interest on the delay period from December 31 till the date of possession within two months. The total amount for the delay period should be 12.77 lakh,” the order dated January 17 said.

In this case, the buyers had booked the project in Shriram Summit with a completion date of December 2019. The project received an Occupation Certificate in May 2022.

Also Read: Bengaluru real estate: Can homebuyers approach Human Rights Commission if the builder delays in handing over the flat?

The KRERA case

In this case, the project is located in north Bengaluru on a 15-acre plot of land and has 1, 2, and 3 BHK apartments. The KRERA document showed that the sale agreement was signed in November 2019, with a completion and possession date in December of the same year.

However, KRERA noted that the developer obtained the occupancy certificate from the local municipal body only in May 2022, almost two and a half years after the possession date.

The buyers, Sandeep Palekar and Amruta Jogalekar, had approached the regulatory body regarding the developer’s delay in handing over the project.

Also Read: Karnataka real estate developers owe homebuyers around 667 crore in refunds for delayed projects

Developer claims delay due to force majeure

Arguing before KRERA, Shriram Properties said that the project had been delayed due to force majeure events.

A force majeure is an event or circumstance that prevents a developer from fulfilling their obligations under a contract.

“The project was way close to a tertiary drain, and a case filed at NGT caused a delay in the construction work. In addition, the pandemic also delayed the project further. These are nothing but routine requirements of construction-related issues required to be handled by a developer,” Shriram Properties said.

A list of queries has been sent to the developer. The story will be updated if a response is received.

KRERA was not made aware of NGT litigation

Refuting the developer’s claims for delay, KRERA said that the developer had not informed the Authority about the case pending before NGT at the time of project registration and had not informed the buyers as well. “The company could have taken longer to complete the construction while registering the project. The onus of the developer is to keep the buyers informed at the time of registration of apartments and not to keep the customers in the dark,” KRERA said

As for the pandemic, the authority noted that the possession of the apartment was slated in December 2019, while the pandemic commenced in 2020. Thus, the developer cannot consider the COVID-19 pandemic as one of the reasons for the delay.



Source link

Join The Discussion

Compare listings

Compare