RERA orders denying compensation due to Delayed Possession quashed by Bombay HC

Published on 20 Jan 2018 by Tushar

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Image Courtesy: RealtyFact

Providing some relief to a home buyer couple already aggrieved by delayed possession, the Bombay High Court has set aside the order passed by the Maharashtra Real Estate Regulatory Authority (MahaRERA), by which it had denied compensation to them while holding that six-year delay on part of the builder was justifiable on grounds of administrative obstacles.

A bench of Justice RM Borde and Justice RG Ketkar has set aside the aside the November 28, 2017, order passed by the MahaRERA holding it to be against the principles of natural justice since it did not record any reasons for the decision arrived at.

The couple had booked a flat in project named Imperial Heights in Goregaon (West). MahaRERA had held that the delay was caused by reasons beyond the control of the builder.

Source: LiveLaw


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