The Haryana Real Estate Appellate Tribunal_ promoter liability_possession period in BBA and completion period RERA Registration Certificate

 

With respect to the liability of a promoter regarding the possession period in BBA of pre-RERA time and completion period of an ongoing project as mentioned in HRERA Registration Certificate, The Haryana Real Estate Appellate Tribunal in Appeal No.21 of 2019 titled as M/s Pivotal Infrastructure Pvt. Ltd., Versus  Prakash Chand Arohi, Decided on 20.05.2020  has categorically ruled at Para 73:

 

“We have duly considered the aforesaid contentions.  Likely or actual date of completion of the project has been mentioned to be February, 2019 in the Certificate of Registration granted by the learned Authority.  This date might have been mentioned in the Registration Certificate on the basis of declaration submitted by the promoter under Section 4(2)(l)(C) of the Act at the time of getting the project registered. This declaration is given unilaterally by the promoter to the Authority at the time of getting the real estate project registered.  The allottee had no opportunity to raise any objection at that stage, so this unilateral Act of mentioning the date of completion of project by the builder will not abrogate the rights of the allottee under the agreements for sale entered into between the parties.  The Division Bench of the Hon’ble Bombay High Court in case Neel Kamal Realtors Suburban Pvt. Ltd. & anr. Vs. Union of India and others (Supra) has laid down as under: -

 

“Section 4(2)(l)(C) enables the promoter to revise the date of completion of project and hand over possession. The provisions of RERA, however, do not rewrite the clause of completion or handing over possession in agreement for sale. Section 4(2)(l)(C) enables the promoter to give fresh time line independent of the time period stipulated in the agreements for sale entered into between him and the allottees so that he is not visited with penal consequences laid down under RERA. In other words, by giving opportunity to the promoter to prescribe fresh time line under Section 4(2)(l)(C) he is not absolved of the liability under the agreement for sale.”

 

The Hon’ble Bombay High Court by taking note of the provisions of section 4(2)(l)(c) of the Act has categorically laid down that the provisions of the Act will not re-write the clause of completion or handing over of the possession mentioned in the agreement for sale. The fresh time line independent of the time stipulated in the agreement is given in order to save the developer from the penal consequences but he is not absolved of the liability under the agreement for sale. Thus, the appellant/builder was required to offer the possession of the unit to the respondent/allottee as per the terms and conditions of the agreements, failing which the respondent/allottee will be entitled to claim the remedies as provided under section 18 of the Act.

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