Maha Rera orders DSK to pay interest to customer for delayed flat possession
As per order dated December 26, 2017, DSK shall pay all pre-equated monthly instalments (EMIs) of the loan taken by the complainant till possession of the booked flat is handed over to the complainantUpdated: Jan 06, 2018 16:55 IST
The Maharashtra Real Estate Regulatory Authority (Maha Rera) has directed prominent city-based real estate developer DS Kulkarni to pay interest at the rate of 10.05 per cent on ₹4.54 lakh from July 1, 2017 onwards, for every month of delayed possession of the flat booked by Ganesh Lonkar and his wife Sharmila.
Maha Rera adjudicating officer BD Kapadnis, in his order dated December 26, 2017, stated that Kulkarni, popularly known as DSK, shall pay all pre-equated monthly instalments (EMIs) of the loan taken by the complainant till possession of the booked flat is handed over to the complainant.
Kulkarni shall hand over possession of the flat at the earliest and pay the complainant ₹20,000 towards costs, the order stated.
The complainant, identified as Ganesh Lonkar and his wife Sharmila, had booked flat A 602 in DSK Mayurban in Pune. The complainant had contended that he paid ₹4.54 lakh on October 28, 2014 and is entitled to interest on the amount.
He stated that Kulkarni had collected an aggregate amount of ₹7,01,007 in three transactions of different dates from Tata Capital Housing Finance Ltd (TCHFL), as home loan.
The final order stated that Lonkar in his submission before Maha Rera stated that DSK promised to give possession on or before June 30, 2017. The order states that DSK has failed to deliver possession of the flat on the agreed date and that the complainant wants to continue in the project.
As per the registered agreement of sale, Kulkarni was supposed to make pre-EMI payments on the housing loan taken from TCHFL till possession of the flat is handed over. TCHFL has issued notices to DSK for payment of EMIs after June 30, 2017.
Therefore, according to the complaint, Lonkar prays that DS Kulkarni be directed to hand over possession of their flat at the earliest and to pay EMIs from December 2016 onwards. The Lonkars also claim interest on the amount paid by him to Kulkarni, the order stated.
DSK has pleaded not guilty and filed an explanation to contend that co-purchaser Sharmila Ganesh Lonkar has not been added as party to the complaint.
Kulkarni has further contended that according to clause 49 in the agreement of sale, the dispute is to be referred to the arbitrator and therefore, this authority has no jurisdiction to adjudicate upon the present dispute.
It is further contended by DS Kulkarni that though it has been agreed by the parties that possession shall be handed over on, or before, June 30, 2017, they have agreed that Kulkarni shall be allowed and permitted by the purchasers to extend the possession date and time for a further period of six months under section 8 (b) of Maharashtra Ownership of Flats (Regulation and Promotion of Construction, Sale, Management and Transfer) Act 1963.
Therefore, the extension period of six months allowed by this clause expires on December 29, 2017 and hence, the complaint is premature.
Kulkarni contended that the project is delayed for reasons which were beyond their control. In view of the points arisen for consideration, the authority passed the order asking DSK to pay interest to Lonkar.
DSK granted anticipatory bail in MOFA case
Additional sessions judge KK Jahagirdar has granted anticipatory bail to real estate developer DSK Kulkarni in connection with a cheating case registered against him and five others under the Maharashtra Ownership Flat Act (MOFA). The bail application has been allowed on certain terms and conditions.
However, the court turned down the request of the public prosector who sought that DSK remain present in the court during the hearing. DSK and his wife Hemanti have been booked under charges of cheating customers under MOFA and had managed to obtain bail from the Supreme Court.
A customer lodged a case under MOFA and the builder had moved his anticipatory bail application before the sessions court. Advocate Shreekant Shivade appeared for DSK in court.