In the Rajasthan Real Estate Regulatory Authority (RERA Rajasthan) case, K R Vohra, the complainant, is in a dispute with Rahul Khandelwal and Shekhar Home Developers, the respondents. The case revolves around the refund and delayed possession of a flat in the "Shri Krishan Residency" project. Understanding this case is crucial for individuals interested in real estate matters in Rajasthan.
The "Shri Krishan Residency" project serves as the backdrop for this case. The complainant, K R Vohra, booked a flat and made payments in August 2015. A provisional allotment letter was issued, and an agreement for sale was entered into on February 9, 2016. The agreement committed to delivering possession within 36 months. However, the project remains incomplete, and the promised possession date of June 2019 has passed. The complainant has faced non-responsiveness from the respondents, leading to the dispute.
Complaint and Arguments
K R Vohra, through his counsel, argues for a refund and interest payment. The complainant highlights the failure to complete the project within the promised timeline, despite the passage of four years. The lack of response from the respondents despite multiple requests further strengthens the complainant's case. The basis for seeking a refund and interest lies in the complainant's investment in the project and the failure to receive the promised possession.
Respondent's Delay Tactics
The respondents' advocate repeatedly requested additional time to file a reply, which the authority deemed as a delay tactic. Despite the opportunity given, the respondents failed to present any substantial arguments to support their case, undermining their position.
After analyzing the case and evaluating the facts, the authority recognized the complainant's justified prayer for a refund. The authority directed the respondents to refund the entire amount paid by the complainant, totaling Rs. 5.27 lakh. Additionally, the authority prescribed an interest rate for the refund, set at the highest Marginal Cost of Funds-based Lending Rate (MCLR) of the State Bank of India (SBI) plus 2%, amounting to 9.30%. The respondents are required to comply with this directive within 45 days from the date of the order and submit a compliance report within 15 days thereafter.
Consequences of Non-Compliance
If the respondents fail to comply with the refund and interest payment as directed within 45 days, the complainant has the option to execute the decree. This allows the complainant to recover the sum from the respondents and their assets, as permitted by section 40(1) of the Act and the relevant rules.
The Rajasthan Real Estate Regulatory Authority's decision in this case ensures that K R Vohra receives a refund for the amount paid and an appropriate interest rate. This case highlights the importance of understanding real estate matters and consumer rights in Rajasthan, underscoring the role of RERA Rajasthan in protecting the interests of 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-2019-3296 before the Rajasthan Real Estate Regulatory Authority
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