1. This complaint is filed under section 31 of the RERA Act against the @s “CENTURY ETHOS” developed by M/S. CENTURY REAL STATE HOLDINGS PRIVATE LIMITED situated at Century Ethos, Amruthahalli, Yelahanka Hobli, Bangalore North, Bangalore Urban District for the relief of interest on delay period.

2. This project has been registered under RERA vide registration No.PRM/KA/RERA/1251/309/PR/171014/000283 and was valid from 31/12/2020. The Authority granted covid-extension for a period of nine months i.e. till 30/9/2021. The Authority has extended its registration for a period of 12 months i.e. till 30/09/2022,

Brief facts of the complaint are as under:

3. The complainants had purchased a flat bearing No.701,ffo% ome 7th Floor in the project of the respondent and enteredea & agreement to sell and construction agreement on 30/01/2018 and have paid an Three Thousand Two Hundred and Twen : to the respondent. The respondent mm upposed to handover the ead*of December 2020 which is inclusive of the grace period i nths {as per Para 3.1 of the amount of Rs.2,93,33,227 /- (Rupees Two Crore Ninety Three Lakh Thirty oan ly) on various dates apartment to the complainants by the construction agreement d 0/1/2018). Despite substantial sale consideration amount has“péen paid to the respondent, the respondent has failed to handov possession of the flat till date. Thus, the complainants haveapp hed this Hon’ble Authority, to direct the pay interest for the riod. Hence, this complaint.

4. After the complaint, in pursuance of the notice, the a appeared before the Authority through their counsel and hayeasubmaitted statement of objections as under and documents on its behalf .

5. The respondent in their statement of objections have denied the llegations made against them by the complainants are false and that the complaint is not maintainable and is liable to be dismissed as this complaint does not come under the purview of section 18 & 19 of the RERA Act 2016.

6. The respondent submits that they are the absolute owner of immovable property situated at Amruthahalli Village, Yelahanka Hobli, Bangalore North, The respondent submits that they had entered into mt with Land Owners to develop the property consisting of four residenttiakitowers Argon, Bronze, Chrome and Xenon and that the respond work be entitled to 80% share. The respondent submits that d entered into JDA with Land Owners to develop the prop ©), of four residential towers Argon, Bronze, Chrome and xenon).

7. The respondent submits that BDA had appgoved WA. octane plan vide its order dated 14/3/2013. t submits that the complainants satisfied with the title eS to the scheduled property entered into agreement es and construction agreement dated 30/1/2018. The responde having complete knowledg e pros and cons involved in the project ends that the complainants were and had voluntarily agree purchase the said flat.

8. The respondent sub am t due to certain force majeure events ice. delay was caus pletion of the project due to delay caused by government a In issuing commencement certificate etc., outbreak of Covid-t mic, state government imposed lockdowns, scarcity of

10. The respondent contends that the complainants to enrich themselves have filed this complaint. The respondent contends that they cannot be held liable for the delay which has been caused due to events beyond their control. The respondent further contends that the complainants have not provided any material to show that the project is incomplete or the construction of their flat is comple the respondent contends that they cannot be held liable for Qe in issuance of occupancy certificate.

11. In support of their defence, the respondent has produced copies of agreement for sale, construction agreement, letter ted 22H 2/2022 requesting BBMP for issue of cite ene Despite opportunities were given, the respondent has not submitted their memo of calculation.

REASONS

16. My answer to Point No.1:- From the materials placed on record, it is apparent that inspite of entering into an agreement for sale and construction agreement to handover the possession of the flat to the complainants, the respondent has not completed the project @s per

the Act; {D) the allottee has the liberty, if he does not intend to withdraw from the project, will be required to be paid interest by the promoter for every month’s delay in handing over possession at such rates as may be prescribed.”

20. As per section 18(1) of RERA Act, in case the allottee wightes to withdraw from the project, the promoter is liable without me: to any other remedy available, to return the amount received b m respect of that apartment, plot, building as the case may be ya Kos at such rate as may be prescribed in this behalf ntatnefrention in the manner as provided under this Act.

21. Therefore, as per section 18(1) of th Mapfioiottcicr is liable to return the amount received along with i compensation only if the promoter fails to complete ep or etc., in accordance with sale agreement.

22. The complainants vid memo of calculation as on 7/2/2023 ossession of an apartment have claimed an amount s.1$67,17,922/- (Rupees One Crore Sixty Seven Lakh paxgatseg d Nine Hundred and Twenty Two only) as interest on delay perfed/ calculated from 30/4/2017 till 7/2/2023. Despite sever tunities were given, the respondent has failed to submit thei of calculation.

23. The HOnble Authority has not accepted the memo of calculation subm iafaletc by the complainants as the interest on delay period should & en calculated from 31/12/2020.

24. Having regards to the above aspects, the Hon’ble Authority oncludes that the complainants are entitled for interest on delay period from 31/12/2020 till the date of handover of the possession of the flat by the respondent.

25. Therefore, it is incumbent upon the respondent to pay interest for the delay period which is determined as under:

26. Accordingly the Goin) raised above is answered in the Affirmative.

27, My answerto Point No.2:- In view of the above discussion, I proceed to pass following:

ORDER

Hundred and Sixty only) towards delay period interest to the complainants within 60 days from the date of this order, calculated MCLR + 2% from 31/12/2020 to 30/09/2023.

The interest due from 01/10/2023 up to the date of final payment will be calculated likewise and paid to the complainants.

The complainants are at liberty to initiate action for ca in accordance with law if the respondent fails to pay amount as per the order of this Authority.

No order as to the costs.