‘No refund without agreement of sale’
The MAHARERA recently ruled that considering no agreement for sale has been registered, the complainant cannot ask the builder for a refund with interest. The housing authority was hearing a case filed by a homebuyer seeking either refund with interest or possession of an alternate property, for delay in possession of flat.
Govind Sharma filed a case with MAHARERA against developer, Neepa Real Estate Private Limited. Sharma had booked a flat in the building, Vasant Oasis in Andheri through an allotment letter dated July 5, 2013. His counsel argued that even after paying a substantial amount for the flat, the developer failed to execute and register the agreement for sale. Sharma alleged that the developer had promised possession by December 2016, but failed to do so.
Chairman of MAHARERA, Gautam Chaterjee said that no order for refund with interest as per the mentioned section can be passed since no agreement for sale has been executed neither registered between the builder and the complainant.
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