Anita H. Bora and Jawala Real Estate P. Ltd. & Anr. Clash over Possession and Balance Payments

In a recent case before the Maharashtra Real Estate Appellate Tribunal, Case No. [Case Number], a significant dispute unfolded between Smt. Anita H. Bora, an Allottee, and M/s. Jawala Real Estate P. Ltd. & Anr., the Promoters of a real estate project. The case centered around the possession of a flat and the outstanding balance payment owed by the Allottee. This in-depth article aims to provide a comprehensive analysis of the case, presenting the facts and legal proceedings involved.

Background:

• Allottee: Smt. Anita H. Bora
• Promoters: M/s. Jawala Real Estate P. Ltd. & Anr.

Smt. Anita H. Bora had booked a flat in the aforementioned real estate project and entered into an agreement with M/s. Jawala Real Estate P. Ltd. & Anr. in October 2013. The agreement outlined the payment schedule, and the Allottee had made several payments, albeit with occasional delays. The Promoters had previously canceled the booking due to payment defaults, but the cancellation was later revoked by the Allottee upon making the outstanding payment. However, disputes regarding the total consideration value, amounts paid, and remaining dues persisted between the parties.

The Complaints and Authority's Order:

In response to the ongoing disputes, both parties filed complaints with the Maharashtra Real Estate Regulatory Authority (MahaRERA). The Promoters sought directions for the Allottee to make the balance payments, while the Allottee demanded possession of the flat along with compensation for the delay in obtaining possession. Upon evaluating the case, the Authority noted conflicting claims regarding the total consideration value and amounts paid by the Allottee. Consequently, the Authority directed both parties to reconcile their accounts and subsequently ordered the Promoters to hand over possession of the flat to the Allottee.

The Appeal and Application for Possession:

Unsatisfied with the Authority's order, Smt. Anita H. Bora filed an appeal seeking compensation for the delay in possession. In the appeal, the Allottee also submitted an application for immediate possession of the flat, conditional upon payment of the remaining balance amount. However, disagreements persisted between the parties concerning the precise amounts owed, which hindered the process of obtaining possession.

Tribunal's Decision:

During the appeal proceedings, the Promoters raised a preliminary issue, arguing that granting possession at the interim stage was not appropriate. The Maharashtra Real Estate Appellate Tribunal dismissed this contention, emphasizing that possession constituted an interim relief, whereas the primary relief sought by the Allottee was compensation for the delay in obtaining possession. Acknowledging the lack of consensus on the payment amounts, the Tribunal decided to expedite possession based on a prima facie view of the dispute. The Tribunal cautioned that the reconciliation of accounts and reassessment of the balance amount would be necessary before reaching a final decision on the appeal.

Conclusion:

The case at hand showcases the complexities and challenges that can arise in real estate projects. The dispute over possession and balance payments between Smt. Anita H. Bora, the Allottee, and M/s. Jawala Real Estate P. Ltd. & Anr., the Promoters, led to a series of complaints, an Authority order, and subsequent appeals. The Maharashtra Real Estate Appellate Tribunal, while expediting the possession process, emphasized the importance of reconciling accounts and reassessing the outstanding balance before reaching a final decision. This case highlights the significance of clear and comprehensive agreements in real estate transactions, as well as the necessity of resolving disputes in a fair and impartial manner.

Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No. AT0060O0000053567 before the Maharashtra Real Estate Regulatory Authority

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