Megha Bhike Vs Mr. Rohidas Chavan & 2 Others

Decided On	05 Oct 2017
Appellant	Megha Bhike
Respondent	Mr.Rohidas Chavan & 2 others
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Summary

Case Summary

The Complainant had purchased the flat in the month of December 2014 and a registered agreement had been executed in which the date of possession mentioned as December 2015 However, till the date she had not received the possession of the flat.
The matter was heard on 5-10-2017. The respondent no.1 was the original allotee of the flat and after obtaining their NOC, respondent no.2 & 3 sold the flat to the complainant. Now they had the occupation certificate and ready to handover possession of the flat but before that, the complainant had to pay the outstanding amount such as service tax, vat etc.

Conclusion by MahaRERA

From the above fact, the respondent no.1 was not in possession of the flat and there are government taxes required to be paid. Since the complainant purchased the re-soled flat and before claiming possession, she is liable to pay these dues.

And, For The respondent no.2 & 3 had to provide the details of outstanding amounts to the complainant within a One week. Thereafter, when the complainant shall pay the said dues then respondents’ nos. 2 & 3 had to handover the possession immediately to the complainant.

Hence, the complainant disposed off the case.