Runwal Homes to pay Rs 69 lakh as interest for late possession

The commission informed that the builder might adjust the interest amount against the family?s balance payment for the flat.

The opposite party (builder) had to complete the construction and obtain the completion certificate and hand over possession to the flat allottee till March 2016. From the added evidence, it is confirmed that the Building Completion Certificate was issued on July 17, 2019.

The commission said that there is no proof or allegation filed to show that due to force majeure or the reasons specified in the contract, the construction could not be executed within the agreed time.

After the complainants, Arun Kedia and his family, who had already paid Rs 2.3 cr of the total amount of Rs 2.5 cr until August 2015, did not want to pay further until the builder assured possession after the March 2016 deadline terminated, the builder had cancelled the agreement. The commission said that due to lapses on the part of the opposite party (builder), the complainants are bearing a loss. The agreement for sale has been revoked illegally and is mala fide.

The commission said that the agreement claimed that the flat buyers should be given 30 days? notice in writing before cancelling the agreement. There was no such notice issued. The intimation of cancellation was given through a letter dated March 15, 2017, which was illegal. The complaint was filed in 2017. The agreement date was June 5, 2013, and the possession was to be handed over by March 2016.

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