Homebuyers entitled to interest on refund from dates of payment

consumer Connect

- Adv Shirish V Deshpande

Q. I had booked a 2BHK flat in a project at Virar, and the agreement for sale was registered in November 2014. As per the agreement, the possession date was December 2016. However, due to a prolonged delay of more than five years, I cancelled the booking and filed a complaint before MahaRERA seeking a full refund of the amount paid, along with stamp duty, registration charges, interest and compensation. In July 2022, the MahaRERA chairman passed an order directing the builder to refund the amounts paid by me, but awarded interest not from the dates of respective payments made to the builder, but from the extended date of project completion, which was June 30, 2022. I did not file an appeal and instead started negotiating with the builder, who kept assuring me of a settlement. Now, the builder has stated that the refund will be made only after the flat, originally booked by me, is sold, creating uncertainty about compliance with the MahaRERA order. Can I now challenge the order on the ground that the interest awarded is contrary to RERA provisions? Is there a time limit for filing an appeal against MahaRERA orders, and can the delay be condoned? Alternatively, can I initiate proceedings for noncompliance with the MahaRERA order?