Tribunal Orders Developer to Repurchase CC-less Flat After 20 Years

Kolkata: The West Bengal Real Estate Appellate Tribunal (WBREAT) has made a landmark decision, directing a developer to repurchase a flat sold two decades ago. The buyer, Sibsankar Koley, had lived in the flat for 19 years but faced significant challenges in getting the mutation done due to the developer's failure to obtain the completion certificate (CC) from the civic body.

The developer, Satchidananda Mitra of Sona Enterprise, was ordered to not only return the amount paid for the flat but also to reimburse the stamp duty and registration fees paid by Koley. Koley registered the flat on Nagendra Nath Road in Nagerbazar in 2006 and began living in it. However, the lack of a CC and a legal dispute between the landowner, Renu Bala Paul, and the developer made it impossible for Koley to complete the mutation process.

The tribunal set aside an order by the West Bengal Real Estate Regulatory Authority (WBRERA), which had dismissed Koley's complaint against the promoter. It also rejected a plea for directing the developer and the landowner to execute and register a Deed of Conveyance. In its ruling, WBREAT, led by Chairperson Justice Rabindranath Samanta, Judicial Member Gour Sundar Banerjee, and Administrative Member Subrat Mukherjee, ordered the promoter to refund the entire amount Koley had paid for the flat, including stamp duty and registration fees.

Koley was asked to vacate the flat and return it to the promoter within 45 days. The tribunal did not impose any interest on the amount upon the promoter, as the buyer had been in possession of the flat since July 3, 2006.

This decision highlights the importance of adhering to legal and regulatory requirements in the real estate sector. Developers must ensure that all necessary certificates and documents are in place before selling properties to avoid legal complications and financial losses for both buyers and sellers. The ruling is expected to set a precedent for similar cases, emphasizing the need for transparency and accountability in the real estate industry.