Ankur Mathur vs. Mantra Lifestyle Home Pvt. Ltd.: Unraveling the Rajasthan RERA Dispute

In this article, we delve into the intriguing case involving the Rajasthan Real Estate Regulatory Authority (RERA) and the dispute between Complainant Ankur Mathur and Respondent Mantra Lifestyle Home Pvt. Ltd. The case revolves around the non-delivery of possession of the property and Ankur Mathur's demand for compensation.

The jurisdiction of this case falls under the Rajasthan Real Estate Regulatory Authority in Jaipur, and it is governed by the RERA Act of 2016. Let's explore the background and key details of this case to gain a deeper understanding.

Background of the Case  

The case centers around the "Unique Apex" Tower, a real estate project situated in Jodhpur. The property's location, Khasra Nos: 550/1, 550/2, and 550/3 on Pal Road, Dhinana-ki-Dhani, adds to its appeal. Ankur Mathur and Mantra Lifestyle Home Pvt. Ltd. entered into an agreement for sale, where Ankur Mathur deposited Rs. 1.00 lac as a booking amount on 30.12.2016. The agreement lacked a specific date but mentioned an estimated possession date of five years from the agreement date, i.e., 21.02.2023, with a grace period of one year.

The project's registration was done in phases, with Phase I, II, and III registered in 2017. Each phase reported a finish date before the authority, and the final deadline for completion was set for 31.07.2023. The agreement's Schedule 7 specified that Ankur Mathur had deposited Rs. 13.00 lacs by 10.02.2017 against the total consideration of Rs. 36,63,300/-.

Dispute and Claim  

Ankur Mathur claimed that the promoter's representatives assured him of possession by December 2017, later extended to March 2018 through email correspondence. When the possession was not delivered as promised, Ankur Mathur sought the following relief:

• Monthly compensation of Rs. 32,000/- from December 2017 until possession is received.
• Compensation for mental harassment amounting to Rs. 1,00,000/-
• Litigation charges of Rs. 50,000/-

The emails exchanged between Ankur Mathur and the promoter's representatives proved the commitment made for possession. While the agreement's tenure indicated a later date, the emails contradicted these terms.

Arguments by the Respondent

The respondent claimed that the complaint was premature as the agreement's tenure ended on 14.02.2023. They argued that RERA registration was subsequent to the agreement and didn't affect its terms. The respondent also addressed the issue of loan disbursement, stating there was no information on the amount paid through the loan facility.

RERA Authority's Decision

The RERA Authority examined the case thoroughly, considering evidence and correspondence. They found that the promoter's representatives had indeed promised possession by December 2017 and later by March 2018, making the complaint valid.

The authority clarified that the project's ongoing status falls under RERA's ambit, rejecting the claim of pre-mature complaint. Consequently, the authority ordered the promoter to compensate Ankur Mathur, including interest against the deposited amount.

Implications and Takeaways  

This case holds significant implications for both real estate buyers and promoters. It emphasizes the need for adherence to commitments and transparent communication in property transactions. RERA's role in resolving disputes and safeguarding consumer rights gains prominence.

Conclusion  

In conclusion, the Rajasthan RERA case sheds light on the importance of fulfilling commitments made during property sales. Despite the agreement's tenure, the authority recognized the validity of Ankur Mathur's complaint based on email evidence. This decision reinforces the accountability of promoters in delivering possession as promised.

Aspiring property buyers and promoters alike should take this case as a cautionary tale, valuing transparency and adherence to RERA guidelines. The real estate market can thrive when trust is established between all stakeholders. Let's strive for a fair and transparent real estate industry under RERA's purview.

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-2018-2618 before the Rajasthan Real Estate Regulatory Authority

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