MARGAO
The Goa Real Estate Regulatory Authority (RERA) has ordered a real estate company to pay a fine of Rs 5 lakh to a party for a four-year delay in handing over possession of a row house.
RERA Member Vincent D’Silva has further directed the company to execute a sale deed in favour of the complainant in respect of the row house, as per the Agreement for Sale dated October 3, 2019, in terms of Section 17 of the RERA Act, within 60 days from the date of the order.
The company has also been directed to pay interest at 11.10% to the complainant for each month of delay, on the sum of Rs 90,00,000 from the date of deposit till the date of possession, i.e. July 29, 2022.
RERA has instructed the company to pay costs amounting to Rs 1 lakh to the complainant within 60 days of the order, failing which the amount will attract interest in accordance with the law.
“The company is directed to pay Rs 5 lakh as penalty under Section 61 of the Act for violation of Sections 17 and 18 of the RERA Act. The amount shall be deposited into the bank account of the Authority within 60 days, failing which necessary proceedings will be initiated against the respondents,” the order stated, further directing the company to file a compliance report of the order in the form of an affidavit within 60 days, failing which further legal action will be initiated under the RERA Act for execution of the order.
“The complainant is also entitled to costs for prosecuting the matter since December 5, 2023, as the complainant is a senior citizen who invested his hard-earned money in the project, only to be denied completion of the premises, handing over of possession, and execution of the sale deed ” all on grounds not substantiated with any evidence by the respondents,” the order stated.
In this case, the complainant is a purchaser of a row house, and the company, in terms of the Agreement for Sale, was required to complete the project in all respects and hand over possession within a specified period.
