In the realm of real estate, disputes and grievances can arise, leading to a search for justice and compensation. One such case that caught the attention of the Rajasthan Real Estate Regulatory Authority involved a complaint lodged by Sarita Goyal against Aadarsh Affordable Housing Pvt. Ltd. This case is a prime example of the importance of understanding the complexities of real estate matters and seeking fair resolutions.
Understanding the Case and Its Proceedings
The Rajasthan Real Estate Regulatory Authority took up the case filed by Sarita Goyal against Aadarsh Affordable Housing Pvt. Ltd., a prominent real estate developer. The complaint centered around alleged discrepancies in property dealings, causing financial harm to the complainant. Key dates, including the Court's order on 26.04.2022, marked significant milestones in the case.
The matter was subsequently referred to the Conciliation Forum of the Rajasthan Real Estate Regulatory Authority, where both parties engaged in discussions on 09.03.2022. During this session, a memorandum of understanding was achieved, signifying a potential resolution to the dispute. The Conciliation Forum further deliberated on the case on 12.03.2022, confirming an amicable settlement between the parties. This settlement resulted in the complainant receiving all the dues owed to her, effectively bringing the case to a potential close.
The Amicable Settlement and Its Consequences
The amicable settlement reached on 09.03.2022 was a pivotal moment in the case. Through constructive dialogue and negotiation, the complainant's grievances were addressed, and all outstanding dues were duly received. However, an unforeseen obstacle emerged when the complainant encountered a dishonored cheque from the respondent. The cheque's dishonor was attributed to the insufficient funds present in the respondent's account, raising concerns over the genuineness of the settlement.
Court's Ruling and Section 40 of the Real Estate Act
In light of the respondent's failure to appear before the Court, the Rajasthan Real Estate Regulatory Authority proceeded with the case based on the compelling arguments and evidence presented by the complainant. Leveraging its powers under Section 40 of the Real Estate (Regulation and Development) Act, 2016, the Court acted to address the respondent's irresponsibility and uphold justice in the case.
Attachment and Auction Process
As a consequence of the dishonored cheque and the respondent's non-appearance, the Court directed the attachment of the unsold portion of the project, ensuring that the complainant's rightful dues are recovered. Additionally, the respondent's bank account was attached to facilitate the payment process. The Court's decision demonstrated the severity of the respondent's actions and aimed to hold them accountable.
The balance amount, if any, following the attachment and auction process, would be returned to the respondent. Once the ordered amount is paid in full to the complainant, the remaining attached units can be released to the respondent. The Court emphasized that the attachment and auction process could be halted if the respondent provides proof of payment to the complainant before the conclusion of the process.
Implications for Real Estate Complaints and Fair Compensation
The Rajasthan Real Estate Regulatory Authority's ruling holds significant implications for the real estate sector. It serves as a stern reminder to developers about the importance of maintaining ethical practices and fulfilling their obligations towards buyers. Such cases reinforce the significance of Section 40 of the Act in providing fair and just resolutions for aggrieved parties.
The Rajasthan Real Estate Regulatory Authority case involving Sarita Goyal and Aadarsh Affordable Housing Pvt. Ltd. exemplifies the complexities of real estate disputes and the need for transparent and fair resolutions. Through the process of amicable settlement, the complainant was able to secure her rightful dues, highlighting the effectiveness of the Conciliation Forum. The Court's exercise of power under Section 40 of the Act signifies the commitment to uphold justice and accountability in the real estate industry.
This case underscores the importance of adhering to the law and regulations in the real estate sector. It serves as a valuable lesson for both developers and buyers, reminding them of the necessity to act responsibly and honor their commitments. By understanding the Rajasthan Real Estate Regulatory Authority case, individuals can gain valuable insights into the mechanisms of resolving complaints and ensuring fair compensation in the real estate domain.
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-2021-4553 before the Rajasthan Real Estate Regulatory Authority
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|Madhya Pradesh RERA