HARSHIT
Homebuyer's right to get details of change in area before and after the revision of the building plan
HARSHIT BATRA 20 Sep 2022

Homebuyer's right to get details of change in area before and after the revision of the building plan

In this case, the Allottees booked a commercial unit in Phase 1 of the project "The Cityscape", being developed by the Promoter, Capital Skyscraper Private Limited. This Unit was booked by the Allottees through the broker, Golden Bricks Worldwide LLP. Here, it was contended that the Promoter who was under an obligation to deliver the possession of the Unit by June 2017, did not even start the construction by January 2017. Changes in the building plan were contended without showing the revised plan.


Under the facts and circumstances, the Ld. Authority was of the view that the rate of interest charged from the allottees and the promoters in case of default on their parts shall be equal for both, instead of the arbitrary interest charge levied by the Builder. The Authority also granted the delay possession interest to the Allottees from the due date of possession till the actual offer of possession. The Promoter was directed to demand the due payments from the Allottees as per the actual stage of construction and as per the revised rates, after providing a copy of the revised building plans to the Allottees. The Authority also granted leave to the Allottees to file a separate Complaint against the Promoter for initiating the penal proceedings against them. This judgment is an example that the RERA has been fulfilling its objective to protect the interest of the homebuyers by providing speedy and effective remedies to the innocent allottees against the malafide practices of the promoters.

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