Rajasthan Real Estate Regulatory Authority Resolves Dispute Between Munni Devi Khetan and Suncity Projects Pvt. Ltd.

The Rajasthan Real Estate Regulatory Authority recently issued a significant order in the case of Munni Devi Khetan versus Suncity Projects Pvt. Ltd. The case involved a dispute over the adjustment of payments made by the complainant for a plot in the Suncity Project. In this article, we will delve into the details of the case and the order issued by the authority.

Case Overview:

Case Number: RAJ-RERA-C-2021-4740

Complainant: Munni Devi Khetan

Respondent: Suncity Projects Pvt. Ltd.

Background:

Munni Devi Khetan had expressed her interest in a 270 sq. yards plot in the Suncity Project by depositing a sum of Rs. 11.30 lakh in 2014. However, the project faced delays and the complainant further deposited Rs. 4.40 lakh in 2018. The main contention arose when the respondent failed to adjust the previously paid amount of Rs. 11.13 lakh and continued to demand additional payments from the complainant.

Arguments:

The complainant's representative, Advocate Kailash Chand Saini, along with Pankaj Khetan, the complainant's son, argued that the respondent should adjust the amount of Rs. 11.13 lakh against the plot in the Suncity Project. They claimed that the respondent had not fulfilled their obligation to adjust the previously paid amount before demanding additional payments.

Advocate Sanjay Mishra, representing Suncity Projects Pvt. Ltd., argued that the Rs. 11.13 lakh deposited by the complainant in 2014 was a general expression of interest and not specific to any particular project. He further contended that the complainant had deposited Rs. 4.40 lakh in 2018 for the project "Suncity Heritage," but due to non-responsiveness, reminders were issued, and a portion of the amount was forfeited.

Order and Ruling:

After hearing both parties and examining the documents, the Rajasthan Real Estate Regulatory Authority reached a decision. It was established that the complainant had indeed deposited Rs. 11.13 lakh in 2014, and the respondent was aware of this amount. The authority did not accept the argument that the amount was a general expression of interest, emphasizing the respondent's duty to adjust the previous payment before demanding additional amounts.

The authority ruled that the amount of Rs. 11.13 lakh should be adjusted by the respondent against the plot allotted to the complainant in the Suncity Project. Additionally, the respondent was directed to pay interest on this amount from the date of deposit. Any further installments due would be paid by the complainant, along with applicable interest. The interest rate would be as per the Rajasthan Real Estate (Regulation & Development) Rules, 2017, at the State Bank of India's highest Marginal Cost of Funds Based Lending Rate (MCLR) plus 2% as of the date of the judgment.

Conclusion:

The Rajasthan Real Estate Regulatory Authority's order in the case of Munni Devi Khetan versus Suncity Projects Pvt. Ltd. highlights the importance of adjusting previously paid amounts before demanding further payments. The authority upheld the complainant's claim and directed the respondent to adjust the amount of Rs. 11.13 lakh against the plot in question. This ruling sets a precedent for fair practices in real estate transactions, ensuring that consumers are protected and their interests are safeguarded.

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-2021-4740 before the Rajasthan Real Estate Regulatory Authority

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