The Maharashtra Real Estate Regulatory Authority (RERA) has partly allowed a complaint filed by actor Saif Ali Khan against Orbit Enterprises for delayed possession of property in project named as Indian Newspaper Society
The Judicial Member Mahesh Pathak of RERA said that the respondent, Orbit Enterprises,has not explained the reason fir delay in the project.
As per the complaint,Khan booked two units in the respondent’s project for ₹14 crores and ₹11 crores respectively.The respondent also mislead the actor asking him to pay ₹13 crores and ₹10 crores before execution of the agreements for sale while the considered amount is 20 percent only .
Iy was also alleged that the possession o nxnkf the sale had to be given by July 31, 2017 but the respondents obtained an extension on the completion date by two years without keeping RERA in loop.Khan, has sought compensation for the delay along with interest.
The complaint also alleged that Occupation Certificate (OC) was obtained on February 12, 2021, however possession was not offered in a proper manner and, hence, the respondents were liable to pay interest beyond the date of issuance of OC as well.
The respondents rejected the claim by the actor stating that they were not liable to pay interest beyond the date of OC, i.e., February 12, 2021. They also added that the project delay could be attributed to non-payment to Mumbai Metropolitan Region Development Authority (MMRDA) and the issue was sub-judice as a petition was filed by them against MMRDA in Bombay High Court in 2017 and is pending.
The RERA however observed that the respondent did not provide any plausible explanation to the complainant about any delay or revision in due date.
The authority added that even if this is the reasons for delay were genuine, the respondent was entitled to only seek 6 months extension as permissible under Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act (MOFA).
The RERA has partly allowed the complaint filed by Khan and directed the respondents to transfer possession of the units to him within a period of 15 days from the date of the order along with paying directing to pay interest to Khan for the delayed period from February 1, 2018 until the date of OC and also directed Khan to pay interest on delayed payment post issuance of OC with mutual discussions