‘No re­fund with­out agree­ment of sale’

DNA (Daily News & Analysis) Mumbai Edition - - FRONT PAGE - Varun Singh [email protected]­dia,net

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.

Im­age for rep­re­sen­ta­tion

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