Mahadeo Nalawade v/s APL Yashomangal Develop

Decided On	20 Nov 2017
Appellant	Mahadeo Nalawade
Respondent	APL Yashomangal Develop
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Summary

Case Summary

The complainant has filed a complaint to get interest and compensation for purchasing a flat (flat no. 203, A Wing of Respondent’s Alfa Greenfields Project, Vadgaon Maval, Pune) from the Respondent. The Complainant stated in his complainant that the Respondent agreed to deliver flat’s possession by 31^st December 2013; however, he failed to deliver the possession on time and he also failed to adhere the sanctioned plan and project specification. The Complainant also said that he and other allottees have collectively filed Complaint No. CC006000000000026.

On the contrary, Respondent dismissed above-mentioned allegations and claimed that fit out possession has been given in March 2015 and Complainant has been possessing the flat from November 2015. But complainant wants compensation on his investment for the delayed period from 01/04/2014 till March 2015.

Conclusion by MahaRERA

After hearing both the parties, MahaRERA adjudicating officers concluded that the possession was taken by the Complainant on 20^th April 2017 as Respondent has brought to officer notice the order of this Authority passed in Complaint No. CC006000000000026 of 27^th October 2017. Officials stated that Complainants are liable to get interest or compensation in case of delayed possession only when the cause of action survives when the act has come into force on 1^st May 2017. But in this case fit out possession has been given in March 2015 and the Complainant has been residing in the flat from November 2015. Hence the complaint does not fall under the jurisdiction of the Authority as the cause of action to claim compensation for the delayed possession did not survive on 01/05/2017.

Hence complaint stands dismissed.