In a recent case before the Rajasthan Real Estate Regulatory Authority (RERA), an ex-parte decision was reached in favor of the complainant, Suman, against ALD Infratech Pvt. Ltd. The case, with the reference number RAJ-RERA-C-2022-4791, pertains to a project named "Royal Garden" situated in Behror. The decision was made by Shri Shailendra Agarwal, Hon'ble Member of the Authority, on January 18, 2023.
Background of the Case:
Case Number: RAJ-RERA-C-2022-4791
Respondent: ALD Infratech Pvt. Ltd.
Date of Order: January 18, 2023
Suman, represented by advocate Gurpreet Singh, lodged a complaint against ALD Infratech Pvt. Ltd. regarding the aforementioned project. Suman had booked a plot of land in 2013 and entered into an agreement for sale on December 1, 2013. As per the agreement, the total sale consideration was Rs. 3,85,000, of which Suman had paid Rs. 3,46,500.
The agreement stipulated that the possession of the developed plot should have been delivered by June 2015. However, eight years had passed, and the possession had not been provided. The complainant further alleged that the respondent had failed to fulfill other commitments, including a buy-back guarantee. Upon visiting the site, Suman discovered that no development work had been undertaken.
About Royal Garden by ALD
The Royal Garden by ALD Infratech Pvt. Ltd. is in Behror, Neemrana, and sells plots for homes for between 5.5 lakh and 11 lakh. There are a total of 544 units, and plots range in size from 900 to 1800 square feet. The amenities include a gym, swimming pool, children's play area, maintenance staff, harvesting of rainwater, jogging track, 24x7 security, power backup, landscaped gardens, institutional faculties, getaway, greenery and luxury, electricity power lines, overhead water tank, security system, temple, tree plantation, terrace garden, vaastu compliance, medical facilities, cycling track, spa and yoga, water supply, wide and smooth internal roads, manned security commercial spaces.
Legal Proceedings and Decision:
Despite being served summons, ALD Infratech Pvt. Ltd. neither appeared before the court nor responded to any notices issued by the Authority. Based on the non-appearance of the respondent and the complainant's arguments supported by documentary evidence, the court proceeded with an ex-parte hearing.
After carefully considering the complainant's submissions and reviewing the available records, the court found that the respondent had not fulfilled their obligation to deliver possession within the agreed timeframe. It was established that Suman had indeed paid Rs. 3,46,500 to the respondent, and the money had remained with the respondent for eight years without any progress.
Court's Ruling and Order:
Taking into account the complainant's genuine financial stress and the prolonged delay in possession, the court issued a ruling in favor of Suman. The court ordered ALD Infratech Pvt. Ltd. to refund the entire deposited amount of Rs. 3,46,500 along with interest.
The interest rate was determined as per the Rajasthan Real Estate (Regulation & Development) Rules, 2017, using the State Bank of India's highest Marginal Cost of Funds Based Lending Rate (MCLR) plus 2%. Consequently, the prescribed interest rate was set at 9.30% (7.30% + 2%). The respondent was granted a period of 45 days from the date of the order to comply with the ruling and provide a compliance report within 15 days thereafter.
Consequences of Non-Compliance:
In the event that ALD Infratech Pvt. Ltd. fails to fulfill the payment and interest obligations within the stipulated 45-day period, Suman is entitled to recover the sum along with interest and the respondent's assets. This can be executed by invoking Section 40(1) of the Act and the corresponding Rules.
The ex-parte decision by the Rajasthan Real Estate Regulatory Authority in the case of Suman vs. ALD Infratech Pvt. Ltd. highlights the importance of adhering to contractual commitments and delivering possession within agreed timelines. The ruling, based on the complainant's valid concerns and supporting evidence, reinforces the authority's commitment to protecting the rights of homebuyers and ensuring fair dealings 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-2022-4791 before the Rajasthan Real Estate Regulatory Authority
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