MahaREAT Finds MahaRERA's Dismissal of Homebuyer's Complaint Incorrect, Orders Refund of ₹4.5 Lakh
Maharashtra Real Estate Appellate Tribunal (MahaREAT) has set aside the order of Maharashtra Real Estate Regulatory Authority (MahaRERA) and directed the builder to refund ₹4.5 lakh to the homebuyer.
Maharashtra Real Estate Appellate TribunalMahareraHomebuyerComplaintRefundCompensationReal EstateSep 09, 2024
The homebuyer had booked a flat in the builder's project named Kanakia Miami situated at Mahim, on 28th March 2017, and executed and registered the agreement for sale on 28th June 2017 for a total consideration of ₹5,38,78,880/-. However, even after paying the full consideration to the builder, the complainant did not receive possession of the flat on time.
According to Clause 9(i) of the agreement for sale, the delivery of possession of the flat by the builder was supposed to be completed on or before 30th September 2018. The homebuyer filed a complaint before MahaRERA seeking a refund, compensation for the delay in delivery, and compensation for the deficit in carpet area.
MahaRERA, in its order dated 24th May 2021, held that the homebuyer cannot be permitted to agitate his claims as allottees at this belated stage and dismissed the complaint by holding it non-maintainable.
Aggrieved by the MahaRERA order, the homebuyer filed an appeal before the Tribunal seeking to set aside the order, a refund for the excess money taken by the builder, and interest for the delay in handing over the possession.
On the issue of maintainability, the Tribunal referred to Section 31 of the RERA, 2016, which stipulates that for a complaint to be valid, the Homebuyer must be aggrieved by violations of the Act, and the complaint must be against a builder, homebuyer, or real estate agent. Since both conditions were met in this case, the Tribunal held that MahaRERA had incorrectly dismissed the homebuyer's complaint as not maintainable.
The Tribunal also referred to clause 5(xvi) of the agreement for sale, which stipulated that – “A fee of ₹9,00,000 is payable to Kanakia Spaces Realty Private Limited by the sellers and purchasers in equal proportions for issuing the NOC and noting the lien in favor of the purchasers. Since no society has been formed yet, no transfer fees are payable to the society”.
The Tribunal determined that the builder cannot claim transfer fees for issuing the NOC as per the agreement. The homebuyer, along with other purchasers, were required to pay ₹9,00,000, as specified in the agreement. However, the Tribunal directed that only half of this amount, which is ₹4,50,000, should be refunded.
On the issue of the deficit in the carpet area, the Tribunal held that the homebuyer failed to provide convincing evidence regarding the alleged deficit. Therefore, the homebuyer is not entitled to a refund for the claimed shortfall in the carpet area.
On the issue of compensation, the Tribunal held that homebuyer is entitled to homebuyer interest at the prescribed rate for each month of delay until the possession of the flat is handed over. However, since the homebuyer have already settled for a rebate of ₹7,50,000, they are not entitled to additional interest for the delay in possession or to any further compensation.
Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited
Citation - APPEAL NO. AT006000000053230
Frequently Asked Questions
What was the issue in the case?
The homebuyer had not received possession of the flat on time and had filed a complaint before MahaRERA seeking a refund, compensation for the delay in delivery, and compensation for the deficit in carpet area.
What was the order of MahaRERA?
MahaRERA held that the homebuyer cannot be permitted to agitate his claims as allottees at this belated stage and dismissed the complaint by holding it non-maintainable.
What was the decision of the Tribunal?
The Tribunal set aside the order of MahaRERA and directed the builder to refund ₹4.5 lakh to the homebuyer.
What was the reason for the refund?
The Tribunal determined that the builder cannot claim transfer fees for issuing the NOC as per the agreement and directed that only half of the amount, which is ₹4,50,000, should be refunded.
Was the homebuyer entitled to compensation?
The Tribunal held that homebuyer is entitled to homebuyer interest at the prescribed rate for each month of delay until the possession of the flat is handed over, but since the homebuyer have already settled for a rebate of ₹7,50,000, they are not entitled to additional interest for the delay in possession or to any further compensation.
Related News Articles
Google Partners with Anant Raj Cloud to Fuel India's Digital Revolution
Anant Raj Cloud and Google team up to enhance data center infrastructure and provide comprehensive cloud platform services, driving India's digital growth.
Revolutionizing UAE's Real Estate Sector: BNW Developments and ANACITY Launch BNW LIVING
16th Sept 2024 Dubai | Bengaluru, India - BNW Developments partners with ANACITY to launch BNW LIVING, a mobile-first customer experience platform for UAE's real estate sector.
H-RERA Recovery Struggles: Builders Owe Rs 800 Crore to Investors
The Haryana Real Estate Regulatory Authority (H-RERA) has issued over 1,190 recovery certificates for Rs 1,043 crore owed by builders, but only Rs 225 crore has been recovered so far. A huge Rs 800 crore remains unpaid, leaving many homebuyers in financia
Nagpur, Jaipur, Lucknow: Top Emerging Cities with Robust Infrastructure and Real Estate Potential
Real estate consultant Colliers India has conducted a detailed analysis to rank emerging cities based on physical and social infrastructure, demographic growth, and real estate dynamics. Nagpur, Jaipur, and Lucknow emerged as the top three cities with str
Real Estate Surge: Housing Prices Rise 10% in Q4 2024, Delhi NCR Sees 31% Hike
Housing prices across India saw a significant 10% increase in the fourth quarter of 2024, with Delhi NCR leading the charge at a 31% surge. The real estate market in Tier-2 and Tier-3 cities also experienced notable growth. Explore the factors driving thi
Godrej Evergreen Square Launch Sees Booming Sales in Pune
Godrej Properties (GPL) has seen a remarkable sales surge with the launch of their latest residential project, Godrej Evergreen Square, in Pune's Hinjewadi area. The project has already generated sales of Rs 1000 crore, marking a significant milestone in