MahaRERA orders Arihant Abode to refund home buyer’s money | ET Realty
MahaRera took note that while Preeti Singh had booked a flat at Arihant Aspire Phase I at Panvel in August 2014, the project is incomplete, and also its registration certificate mentions June 30, 2026 as date of completion.
Observing that it is unreasonable that a purchaser has to wait to receive possession of a flat 12 years after booking it, Maharashtra Real Estate Regulatory Authority, Mumbai, has directed a developer to refund the booking amount. It also sent the flat purchaser’s plea for compensation, for ‘mental agony caused’ to its adjudicating officer to decide the amount payable.
MahaRera took note that while Preeti Singh had booked a flat at Arihant Aspire Phase I at Panvel in August 2014, the project is incomplete, and also its registration certificate mentions June 30, 2026 as date of completion.
“It shows that to have a flat, the complainant has to still wait for another six years. Hence the said period is unreasonable. In the present case, the booking was done in 2014 and for possession of her flat, the complainant has to wait for 12 years till 2026 from the date of booking,’’ said member Vijay Satbir Singh in the order dated March 26.
Singh had booked the flat costing over Rs 38 lakh, excluding other charges. She paid Rs 7 lakh by cheque and was to pay Rs 5 lakh by cash. Her advocate Mohit Bhardwaj said the developer had promised delivery of the flat in December 2017, but received commencement certificate in October 2017.
Advocate for M/s Arihant Abode Ltd said Singh made a part payment of Rs 7 lakh and, despite reminders, did not pay the balance. In October 2020, it cancelled her booking but she did not collect the refund. The developer denied receiving Rs 5 lakh cash.
MahaRera said though booking was cancelled, the amount was not refunded. “It shows the said cancellation has not attained finality and the same is illegal and bad in law. Hence, the same stands set aside and it is held that the complainant is an allottee of this project,” he said.
MahaRera noted that while the developer says it received only Rs 7 lakh from Singh, the August 6, 2014 reservation/ allotment letter mentions total consideration of the flat was over Rs 38 lakh plus Rs 5 lakh toward other charges. Singh’s bank statement showed she withdrew Rs 5 lakh on August 9, 2014 and on the same date, the developer issued her a separate letter for car parking space. So, it can be inferred that she paid it towards car park mentioned as ‘other charges’ in the allotment letter.
The developer is directed to refund Rs 12 lakh to Singh after forfeiting 10% towards administrative charges within a month.
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