In a recent development, the Rajasthan Real Estate Regulatory Authority (RERA) in Jaipur has issued an order against Genesis Infratech Pvt. Ltd. in two separate cases. The complainants, Mr. Narender Datt (Comp. No. RAJ-RERA-C-2018-2203) and Mr. Sita Ram Badoni (Comp. No. RAJ-RERA-C-2018-2204), sought refunds from the real estate developer. After failing to comply with the previous refund orders, Genesis Infratech Pvt. Ltd. now faces further legal action, including the initiation of proceedings under section 40 of the RERA Act.
In the first case (Comp. No. RAJ-RERA-C-2018-2203), Mr. Narender Datt was granted a refund of Rs. 4,75,875/- at an interest rate of 9% from July 2014, according to the order issued on April 23, 2019. Similarly, in the second case (Comp. No. RAJ-RERA-C-2018-2204), Mr. Sita Ram Badoni was also entitled to a refund of the same amount and interest rate, as per the order issued on the same date.
Failure to Comply with the Refund Orders
Despite the clear directions provided by the Rajasthan RERA Authority, Genesis Infratech Pvt. Ltd. failed to comply with the refund orders within the specified 45-day period. As a result, the complainants filed an execution application to seek enforcement of the orders and submitted information regarding vacant units within the "Genesis Flora" project, specifically units No. 306 and B-609.
Authority Takes Over Vacant Units
In response to the execution application, the Authority directed the takeover of the mentioned units, which were found to be vacant. The order, issued on October 6, 2022, stated that the Authority would assume control of these units for the purpose of realization. Additionally, it was decided that the case file of Mr. Sita Ram Badoni would be consolidated with the existing complaint.
Inability to Determine the Specific Units Taken Over
During the subsequent hearing, both complainants reported that the Authority had confiscated other units within the Genesis Flora project. However, neither party was able to provide the specific information regarding which units had been taken over. Consequently, the Rajasthan RERA Authority has decided to proceed with the realization of the units, if indeed taken over, and initiate proceedings under section 40 of the RERA Act.
Recovery Certificate and Legal Action
The delay in compliance with the refund orders, spanning over three years, indicates a deliberate effort on the part of Genesis Infratech Pvt. Ltd. to withhold the refunds. In response to this non-compliance, the Registrar has been directed to issue a recovery certificate against the promoter. This certificate will enable the initiation of proceedings before the concerned Collector, in accordance with section 256 of the Rajasthan Land Revenue Act, 1956.
The Rajasthan Real Estate Regulatory Authority's order against Genesis Infratech Pvt. Ltd. serves as a significant development in the pursuit of justice for the complainants, Mr. Narender Datt and Mr. Sita Ram Badoni. By failing to comply with the refund orders, the real estate developer now faces further legal consequences, including the initiation of proceedings under section 40 of the RERA Act. The Authority's decision to issue a recovery certificate against the promoter demonstrates its commitment to upholding consumer rights and ensuring accountability in the real estate sector.
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 Comp. No. RAJ-RERA-C-2018-2203 and (1) Comp. No. RAJ-RERA-C-2018-2204 before the Rajasthan Real Estate Regulatory Authority
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