In a recent case before the Rajasthan Real Estate Regulatory Authority (RERA), Dilip Kumar Sharma and another complainant filed a complaint against Arihant Dream Infra Project Ltd. for non-delivery of possession of a flat as per the terms of the agreement. This case sheds light on the legal implications faced by developers who fail to deliver projects within the agreed-upon timeline. Let's delve into the details of the case and its outcome.
The complainants had booked a flat in the 'Arihant Dynasty' project by Arihant Dream Infra Project Ltd. The agreement for sale was executed on 18.12.2013, with the flat expected to be handed over to the buyers by September 2015, including a grace period of six months. The complainants had paid a significant amount towards the purchase, which included a loan disbursed by SBI.
Allegations and Response:
It was alleged that the respondent demanded the final installment on 15.11.2017, despite the flat not being ready for possession. Initially, the complainants sought possession, but later modified their prayer, seeking a refund of the deposited amount along with interest. The respondent argued that the flat was ready for possession and that more than 50 families were already residing in the project, indicating its habitability. However, the respondent was willing to compensate the complainants for the delay until November 2018.
In a previous order dated 23.10.2019, the Rajasthan RERA Authority acknowledged that the project had faced significant delays and that the developer had failed to deliver possession within the agreed timeframe. As a result, the Authority ordered a refund of the deposited amount, totaling Rs. 15,79,653/-, without interest, within 45 days. The complainants were also given the liberty to approach another forum for seeking compensation.
Non-compliance and Legal Proceedings:
However, the refund amount was not paid within the stipulated 45-day period, leading the complainants to challenge the order before the High Court. In the meantime, the complainants filed an execution petition, and the original amount was refunded on 03.01.2022. Furthermore, the complainants filed a separate complaint against the respondent seeking compensation.
Preliminary Objections and Additional Claim:
In response to the complaint, the respondent raised preliminary objections regarding its maintainability, citing that the RERA Authority had already decided on the issue of interest, and the complaint was not submitted jointly by both co-applicants. The complainants filed an additional claim on 30.06.2022, on behalf of both the allottees, along with their affidavits, seeking various reliefs against the respondent.
Adjudicating Officer's Decision:
After thorough deliberation and review of the arguments and evidence presented, the adjudicating officer concluded that the complainants had indeed paid a substantial amount to the developer, and possession of the flat was not offered within the stipulated time. The respondent failed to provide satisfactory justifications for the delay in completing the project, thereby violating the provisions of Section 12 and Section 18(1) of the RERA Act.
Order for Compensation:
Consequently, the Rajasthan RERA Authority ordered Arihant Dream Infra Project Ltd. to compensate the complainants for the delayed possession. The exact quantum of compensation was not mentioned in the available information. However, the order highlighted the developer's responsibility to adhere to the agreed-upon timeline and fulfill their obligations towards buyers.
The case of Dilip Kumar Sharma and another complainant against Arihant Dream Infra Project Ltd. serves as an important precedent in the real estate sector. It emphasizes the need for developers to fulfill their commitments and deliver possession within the agreed timeframe. The Rajasthan RERA Authority's decision to order compensation highlights the legal recourse available to buyers in cases of delayed possession. This case serves as a reminder to developers to prioritize timely completion of projects and ensures the protection of buyers' rights in the real estate market.
Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Complaint No.RAJ-RERA-C-2021-4234 before the Rajasthan Real Estate Regulatory Authority
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