Pramod Kumar Tanwar and Neetu Tanwar Take on Trehan Apna Ghar Pvt. Ltd. over Delayed Possession

In a recent complaint filed under the Real Estate (Regulation and Development) Act, 2016 (RERA Act), Pramod Kumar Tanwar and Neetu Tanwar, hereinafter referred to as the "complainants," lodged a case against Trehan Apna Ghar Pvt. Ltd., a prominent real estate company. The case, bearing Complaint No. RAJ-RERA-C-2022-5271, revolves around allegations of delayed possession and seeks compensation for the inconvenience caused to the complainants.

Background:

Pramod Kumar Tanwar and Neetu Tanwar booked flat no. 1202 with a super area of 750 sq.ft. in "Tower D" of a group housing project developed by Trehan Apna Ghar Pvt. Ltd. The total sale consideration for the flat was Rs. 18,46,200/-, excluding taxes. The agreement for sale was executed on June 23, 2017, with a project completion timeline of 36 months plus a grace period of 6 months from the date of agreement.

Details of the Complaint:

The complainants alleged that despite the agreed-upon timeline, the possession of the flat was not delivered as per the scheduled deadline of 23.12.2017, inclusive of the grace period. They further claimed that an offer letter was finally given to them on 01.06.2020, which indicated a significant delay in the project's completion and possession handover.

Legal Proceedings:

In response to their grievances, the complainants filed a complaint, numbered 2019-3320, before the Rajasthan Real Estate Regulatory Authority. Their complaint sought a refund of the amount paid, along with interest and compensation. The Authority, in its order dated 28.12.2020, directed the respondent (Trehan Apna Ghar Pvt. Ltd.) to pay interest at the prescribed rate from 01.01.2017 (later rectified to 01.01.2018) till 31.05.2020. However, the Authority granted liberty to the complainants to approach the appropriate forum for other reliefs.

Following this order, the complainants decided to appeal against it. The matter was subsequently taken up by the Hon'ble Appellate Tribunal, which, in its order dated 08.04.2022, held the promoter (Trehan Apna Ghar Pvt. Ltd.) responsible for refunding the amount paid by the complainants, along with interest. The Appellate Tribunal directed the respondent to refund Rs. 16,80,580/- with an interest rate of 10% per annum from 01.01.2018 until the date of payment.

However, the respondent filed a miscellaneous appeal before the Hon'ble High Court, challenging the Appellate Tribunal's order. As a result, the High Court stayed the execution of the order dated 08.04.2022 and instructed the respondent to deposit 20 lakhs within 2 weeks.

Conclusion:

The case filed by Pramod Kumar Tanwar and Neetu Tanwar against Trehan Apna Ghar Pvt. Ltd. highlights the issues faced by homebuyers in the real estate sector, particularly regarding delayed possession. The complainants sought compensation for the delay in possession as per the agreed-upon timeline. Legal proceedings have been ongoing, with the Rajasthan Real Estate Regulatory Authority, the Appellate Tribunal, and the High Court all involved in the resolution of this case.

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-2022-5271 before the Rajasthan Real Estate Regulatory Authority

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