TG-RERA awards ₹1.2 lakh over flat delay

Aditya Capital Heights buyer gets compensation after prolonged possession wait

Property Pulse

The Telangana Real Estate Regulatory Authority (TG-RERA) has directed the developer of Aditya Capital Heights in Hafeezpet to pay ₹1.20 lakh to a homebuyer over delayed possession. The amount comprises ₹1 lakh towards mental agony and ₹20,000 towards legal expenses.

Vamsidhar Mothipalli, who resides in the US, entered into an agreement on March 23, 2018, to purchase a 2,125-sq-ft flat on the 11th floor of Block-B in the project. The agreed value was ₹1,02,62,500, including two car parking spaces. According to the buyer, ₹85,55,367 had been paid.

Dispute over pre-EMI arrangement

The buyer said he had opted for a pre-EMI scheme under which the developer was required to service the loan EMIs until completion of the flat. He alleged that the developer failed to make the payments, leaving him to meet the EMIs himself. The developer disputed this claim, stating that the buyer had defaulted on scheduled instalments and therefore did not qualify for the pre-EMI arrangement.

It also cited disruptions during the COVID-19 period as one of the reasons for the delay. More than six years after the agreement, possession had still not been handed over, according to the complaint. The buyer also raised concerns over delay in obtaining the Occupancy Certificate.

Larger claims not accepted

The buyer sought ₹10 lakh for mental agony, ₹18 lakh towards estimated rental-income loss, ₹10 lakh alleging fraud and ₹2 lakh towards legal expenses. TG-RERA did not allow the claims in full. The authority awarded ₹1 lakh towards mental agony and ₹20,000 towards legal expenses, while the claims relating to estimated rental income and alleged fraud were rejected for lack of sufficient supporting evidence.

The developer has been directed to pay the ₹1.20 lakh within 60 days from the date of the order. Any outstanding amount after the stipulated period will attract interest at 10 per cent per annum until payment.

RERA RELIEF.

• Flat measured 2,125 square feet.
• Agreement value crossed ₹1.02 crore.
• Buyer had paid ₹85.55 lakh.
• Buyer sought ₹40 lakh initially.
• Rental-loss claim lacked supporting evidence.
• Payment deadline set at 60 days.