Delayed Possession and Refund: The Mirus Ample Case at Rajasthan Real Estate Regulatory Authority

In a recent case brought before the Rajasthan Real Estate Regulatory Authority (RAJ-RERA-C-N-2022-5583), Preeti Agarwal, the complainant, sought relief for delayed possession of her flat in the project "Mirus Ample" by Mirus Infrastructure Private Limited, the respondent. This article aims to provide an in-depth analysis of the case, highlighting the facts, legal proceedings, and the final order issued by Hon'ble Shri Salvinder Singh Sohata, Member of the Authority.

Preeti Agarwal had entered into an Agreement for Sale with Mirus Infrastructure Private Limited on 28.12.2016, with an understanding that possession of Flat No: 401 in the Mirus Ample project would be handed over within 36 months from the date of the agreement, i.e., December 2019. The total consideration for the unit amounted to Rs. 39,21,220, out of which Preeti had already deposited Rs. 36.30 lakh to the promoter.

However, despite the significant amount paid by the complainant, possession was not delivered as promised. Seeking redress, Preeti Agarwal filed a complaint under section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act). In addition to the refund of her deposit, Preeti requested compensation of Rs. 10,000, reimbursement of litigation expenses amounting to Rs. 50,000, and ancillary relief.

Upon receiving the complaint, the Rajasthan Real Estate Regulatory Authority initiated the necessary proceedings. Notices were issued to Mirus Infrastructure Private Limited on 26.08.2022 and 30.09.2022, requesting a response to the complaint. However, the promoter failed to provide any response, leading to an ex-parte hearing where only Preeti Agarwal's counsel, Advocate Vikram Yadav, presented arguments and evidence in support of the complaint.

During the hearing, the Authority examined the Agreement for Sale executed between the parties, which revealed that Rs. 4.40 lakh was already paid to the promoter at the time of signing the agreement. Further payments were to be made as per the agreed installments.

A demand letter dated 22.12.2021 from the promoter indicated that an additional amount of Rs. 6.50 lakh was remitted by Preeti. Additionally, a statement from Tata Capital Housing Finance Ltd. dated 20.06.2022 confirmed a disbursement of Rs. 26,85,922 to the promoter. In total, Preeti Agarwal had paid Rs. 33,35,922 to Mirus Infrastructure Private Limited.

The Mirus Ample project had initially set a completion date of 31.07.2019 and was registered as an ongoing project. An extension was granted until 31.07.2022. However, despite the extension, the project remained incomplete and was currently categorized as lapsed. The physical progress of the project, as reflected in the Quarterly Progress Report until March 2022, stood at only 61%.

Considering the evidence and circumstances, the Authority ruled in favor of Preeti Agarwal. The complainant's right to claim a refund in case of non-completion of the project within the specified period, as per the Agreement for Sale, was upheld.

Mirus Infrastructure Private Limited was directed to refund the deposit amount of Rs. 33,35,922 to Preeti, along with interest at the rate of 8.6% of the highest Marginal Cost of Funds based Lending Rate (MCLR) of the State Bank of India (SBI). The interest was to be calculated from 01.01.2020, excluding any moratorium period notified by the Authority. The promoter was given a deadline of 45 days from the date of uploading the order on the Authority's webpage to fulfill the refund.

Furthermore, the order stated that if Preeti Agarwal filed an application for execution within two years, recovery proceedings would be initiated against Mirus Infrastructure Private Limited under section 40(1) of the RERA Act. The case would then be remitted to the concerned District Collector after the issuance of the Recovery Certificate.

The Mirus Ample case serves as an important reminder of the significance of adhering to agreed-upon timelines and delivering possession to homebuyers as per contractual obligations. The order issued by the Rajasthan Real Estate Regulatory Authority emphasizes the rights of the complainant and ensures that necessary steps are taken to secure the refund of the deposit amount.

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-N-2022-5583 before the Rajasthan Real Estate Regulatory Authority

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