Mere non-execution of the agreement for sale, Allottees are not precluded from invoking Section 18 of RERA | If the date of possession is not mentioned in the agreement, the Promoter is expected to handover the possession of the unit within a reasonable time and the period of three years held to be reasonable time – Malkeet Singh G. Matharu HUF Vs. Mount Mary Builders and Anr. – Maharashtra REAT
Hon’ble Maharashtra Real Estate Appellate Tribunal referring Fortune Infrastructure & Anr. Vs. Trevor D’Lima & Ors. (2018) ibclaw.in 210 SC held that if the date of possession is not mentioned in the agreement, the Promoter is expected to handover the possession of the unit within a reasonable time and the period of three years held to be reasonable time. Mere non-execution of the agreement for sale, Allottees are not precluded from invoking Section 18 of RERA. The provisions of Section 18 of RERA can equally be invoked in terms of oral or formal agreement executed by the Promoter/ Developer such as booking application form/ formal letter/ allotment letter/ letter of intent/ correspondence, etc. capable of being construed as an agreement, Admittedly, the subject project is an ongoing project.