The Rajasthan Real Estate Regulatory Authority recently adjudicated a case (Complaint No. RAJ-RERA-C-2021-4234) involving Dilip Kumar Sharma and another individual as complainants and Arihant Dream Infra Project Ltd. as the respondent. The complainants sought compensation for the non-delivery of possession of a flat in the Arihant Dynasty project as per the agreement. This article provides an in-depth analysis of the case, its background, arguments presented by both parties, and the final order issued by the Adjudicating Officer.
Dilip Kumar Sharma and the other complainant booked a flat (No. 409) in Arihant Dream Infra Project Ltd.'s 'Arihant Dynasty' project, with a sale price of Rs. 15,44,400/- + service tax. The agreement for sale was executed on 18.12.2013, stipulating that the flat would be handed over to the complainants by September 2015, with a grace period of six months. The complainants had paid a total of Rs. 15,79,653/- to the respondent, which included the amount of the house loan disbursed by SBI.
The complainants alleged that despite the respondent's demand for the last installment on 15.11.2017, the flat was not ready for possession. Initially, the complainants sought relief of possession by filing a complaint before the Hon'ble RERA Authority (Complaint No. RAJ/RERA/C-2018-2393), but later modified their prayer to a refund of the deposited amount along with interest.
The respondent promoter contended that the flat was ready for possession, as over 50 families were already residing in the project, indicating its habitability. However, they were willing to compensate the complainants for the delay until November 2018.
Order by the Hon'ble Authority:
The Hon'ble Authority, in its order dated 23.10.2019, acknowledged the project's delay and the respondent's failure to offer possession within the stipulated time. Consequently, the Authority ordered a refund of the deposited amount of Rs. 15,79,653/- without interest within 45 days. The complainants were given the liberty to approach the appropriate forum for compensation for any loss or damage incurred.
Challenges and Refund:
The refund amount ordered by the Authority was not paid within the stipulated 45-day period. The order was challenged before the Hon'ble High Court. Simultaneously, the complainants filed an execution petition, and eventually, the original amount was refunded to them on 03.01.2022. Subsequently, the complainants filed the present complaint against the respondent seeking compensation.
Preliminary Objections and Additional Claim:
In response, the respondent raised preliminary objections regarding the maintainability of the complaint. They argued that the issue of interest had already been decided by the Hon'ble RERA Authority and pointed out that the complaint was not submitted by both co-applicants. However, the complainants later filed an additional claim on 30.06.2022, on behalf of both the allottees, along with their affidavits, seeking various reliefs.
Final Order by the Adjudicating Officer: After considering the arguments and reviewing the records, the Adjudicating Officer analyzed the facts presented by both parties. The officer issued a detailed order, taking into account the complainants' claims and the respondent's objections. The final order provided a resolution to the dispute and determined the compensation, if any, to be awarded to the complainants.
The Arihant Dynasty case (Complaint No. RAJ-RERA-C-2021-4234) serves as an important example of delayed possession and the subsequent legal remedies available to aggrieved homebuyers. The Hon'ble RERA Authority's intervention, through its order for a refund of the deposited amount, highlights the significance of consumer protection in the real estate sector. It also emphasizes the responsibility of developers to adhere to the agreed-upon timelines and fulfill their commitments towards homebuyers.
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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