<!– /11440465/Dna_Article_Middle_300x250_BTF –>If a homebuyer has taken possession of a flat before May 2017, when the Real Estate Regulatory Act (RERA) came into force, then the buyer cannot seek compensation from the developer for delayed possession. The Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint on the same grounds, wherein the home buyer was promised a home in 2013 but was given possession only in March 2015.The complainant, Mahadeo Nalawade, filed a complaint under Section 18 of Real Estate (Regulation and Development) Act, 2016 for getting interest and compensation on the investment made by him for purchasing a flat in developer APL Yashomangal’s Alfa Greenfields Project in Pune. The complainant contended that he purchased the flat from the developer who had agreed to deliver its possession by December 2013. The developer failed to deliver the possession as agreed, therefore Nalawade claimed interest/compensation on his investment.The developer denied Nalawade’s allegation that he failed to give the possession of his flat. According to the developer, Nalawde has been possessing the flat from November 2015 and the fit out possession was given in March 2015 itself.Nalawade admitted these facts. However, his submission was that he wants interest/compensation for the delayed period from April 2014 to March 2015 when he received the fit out possession.While dismissing the complaint, BD Kapadnis, member, MahaRERA said in his order, “In this case, the fit out possession has been given in March 2015 and the complainant has been residing in the flat from November 2015.Therefore, the cause of action to claim compensation for the delayed possession did not survive on May 1, 2017 when the Act came into force. Since the possession is given, Section 18 of RERA will have no role to play. In this situation, I find that the complaint is not maintainable under Section 18 of the Act and it will have to be dismissed.”

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Won’t entertain pre-RERA plaint