Mere receiving an Occupation Certificate wouldn't absolve a developer from paying interest to the home buyer if there's a delay in handing over possession. A building had received the Occupation Certificate, even before the home buyer went ahead with his complaint to the Maharashtra Real Estate Regulatory Authority (MahaRERA) for the delay in possession. The builder argued that he had the Occupation Certificate, but the authority held that the developer's Occupation Certificate came after the date of possession mentioned in the agreement and finally the home buyer was awarded interest for delay in possession. Homebuyer Lalit Bhidur had filed the complaint against Namrata Developers Pvt Ltd, asking MahaRERA to direct the developer to pay interest for delayed possession and give possession of his flat in the project Namrata Eco City, Pune. The home buyer argued that he had purchased the flat in the project vide agreement for sale dated March 2016 and had paid an amount for the value of the flat. The date of possession in the agreement was December 2017. However, the developer failed to complete the project and hand over possession of the flat till date. Thus there was a delay and he claimed interest. The developer filed the reply on record of MahaRERA and disputed the claims of the home buyer. He stated that the project was delayed due to the change in the planning authority and delay in the permission given by the said authority. The developer further submitted that they have received the Occupancy certificate in August 2018, that is prior to the filing of the complaint and he is ready to give possession of the flat. MahaRERA member, Dr Vijay Satbir Singh, heard the case and stated that in the present case, the problems faced by the developer do not fall in the category of force majeure the home buyer, therefore, is entitled to the interest for delay. Even though the developer has received the OC in the year 2018, the date of possession written in the agreement for sale is relevant to calculate the period of delay. Finally, Singh ordered the developer to pay interest to the home buyer at marginal cost lending rates plus two per cent for the period of delay as per mentioned in the agreement for sale.

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