Devendra Kumar vs. Trehan Apna Ghar Pvt. Ltd. : Seeking Compensation for Delayed Possession

In a recent case before the Rajasthan Real Estate Regulatory Authority (RAJ-RERA), Devendra Kumar lodged a complaint against Trehan Apna Ghar Pvt. Ltd. The case (Complaint No. RAJ-RERA-C-2022-5158) revolves around the delayed possession of a flat and the subsequent claim for compensation. This article provides an in-depth analysis of the case, highlighting the key facts, arguments presented by both parties, and the considerations of the Adjudicating Officer.

Background:

Devendra Kumar had entered into an agreement with Trehan Apna Ghar Pvt. Ltd. for a flat in the "Delight Residency" project. The flat, with a super area of 750 sq.ft., was booked for a total sale consideration of Rs. 21,25,700/-. As per the agreement, the promoter was obligated to deliver possession within 36 months, with an extendable grace period of 6 months. The agreement also stipulated compensation at the rate of Rs. 2 per sq.ft. per month for any delay in possession.

Summary of Facts:

The complainant received an offer for possession on 26.05.2020, which coincided with the outbreak of the Covid-19 pandemic. Due to travel restrictions and personal circumstances, Devendra Kumar requested a deferment of the possession. Subsequently, he filed a complaint seeking a refund of the amount paid, along with interest, and another complaint for compensation due to the delayed possession.

Previous Order:

In a previous order dated 25.11.2022, the Hon’ble Authority partially allowed the complaint. The complainant's request for a refund was denied as he himself had requested to hold the delivery. However, the promoter was directed to pay interest on the deposited amount for the delayed period from 11.06.2018 to 30.04.2020 at the rate of 10% per annum. The payment of the awarded interest was not effectuated as the complainant challenged the order before the Hon’ble REAT for the refund aspect.

Arguments of the Applicant:

Devendra Kumar's counsel argued that the possession was offered after a delay of 30 months from the promised date. The complainant highlighted the inability to travel during the Covid-19 period when the possession was initially offered in May 2020. Furthermore, the complainant had taken a loan from HDFC Bank at a higher interest rate than the interest awarded by the Hon’ble Authority, resulting in financial loss. Additionally, the delayed possession caused further losses as the flat could have been used for personal residence or rental purposes. Therefore, the applicant sought compensation as per the complaint.

Arguments of the Respondent:

The counsel for Trehan Apna Ghar Pvt. Ltd. contended that the possession delay was primarily due to delays in obtaining the completion certificate and the unforeseen impact of the Covid-19 pandemic. They further emphasized that the complainant himself had requested to hold the possession after it was initially offered, thereby absolving the promoter of any fault.

Consideration by the Adjudicating Officer:

The Adjudicating Officer meticulously evaluated the arguments presented by both parties. The key factors taken into account were the delay in possession, the complainant's request to defer the possession, the reasons for the delay, and the financial losses incurred by the complainant due to the delayed possession.

Conclusion:

After considering all the aspects of the case, the Adjudicating Officer will make a final decision regarding the compensation sought by Devendra Kumar from Trehan Apna Ghar Pvt. Ltd. The judgment will have significant implications for the parties involved and set a precedent for similar cases in the future.

Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) 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 Complaint No.RAJ-RERA-C-2022-5158 before the Rajasthan Real Estate Regulatory Authority

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