Rajasthan RERA has directed a Jaipur builder to refund a homebuyer Rs 37 lakh, including interest, due to a prolonged possession delay. The complainant had booked a flat in 2016 but faced multiple delays in receiving possession. Despite paying a significant amount, the flat's possession was repeatedly postponed, prompting the homebuyer to approach RERA. The authority's ruling mandates a complete refund within 45 days. This case highlights the importance of timely possession and the role of RERA in safeguarding buyers' interests in real estate transactions.
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In a significant ruling, the Real Estate Regulatory Authority (RERA) of Rajasthan has directed a builder in Jaipur to reimburse a flat buyer a total sum of money, including interest, due to a prolonged delay in the possession of the property. Following a thorough hearing, RERA member Shailendra Agrawal issued the order, stipulating a 45-day timeframe for the builder to complete the refund.
The case revolves around Tanuja Singh, who had made a flat booking in a private society located in Beelwa back in March 2016. To secure the flat, she made an initial payment of Rs 1.5 lakh, committing to a total flat cost of Rs 38.49 lakh, with the remaining amount slated to be paid in instalments by December 2017. Intriguingly, just nine days after the booking, the builder managed to secure a loan of Rs 30.75 lakh from a bank using Singh's documents, depositing the funds into their own account.
As per the agreed-upon terms, the builder was legally obligated to hand over possession of the flat by June 2018. However, this crucial deadline was unmet, leading to mounting frustrations. To exacerbate the situation, the builder later obtained an additional Rs 5 lakh from Singh, promising an expedited possession process. Unfortunately, even amidst the challenges posed by the Covid-19 pandemic, the flat remained inaccessible to Singh until the close of 2021.
After an on-site assessment revealed the incomplete status of the flat, Singh took decisive action and filed a formal complaint with RERA. Subsequently, the regulatory body undertook a meticulous evaluation of the case, considering all parties involved. Advocate Ram Prakash Kumawat, representing Tanuja Singh, highlighted the timeline of events and the commitments made by the builder. The discrepancies between promises and actions were evident, ultimately warranting the intervention of RERA.
The decision aims to rectify the financial losses and inconvenience experienced by the flat buyer due to the prolonged possession delay caused by the builder's actions. This judgement reinforces the significance of adhering to agreed-upon timelines and fulfilling promises made between builders and property buyers. RERA's proactive role in ensuring accountability and safeguarding the rights of homebuyers is crucial for maintaining transparency and fairness within the real estate sector.
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