Rajasthan RERA Resolves Complaint in Favor of Atin Law: Tushar Real Home LLP Directed to Refund

In a recent case before the Rajasthan Real Estate Regulatory Authority, a complaint was filed by Atin Law against Tushar Real Home LLP regarding the project "Shivalika." The complaint alleged non-completion of the project and non-delivery of possession, seeking a refund with interest. The case number is RAJ-RERA-C-N-2022-5081, and the order was given on 16.02.2023 by Honorable Shri Salvinder Singh Sohata, Member.

Facts of the Case:

The complainant, Atin Law, booked unit No. 1403 in the "Shivalika" project and received an allotment letter from the promoter based on an application dated 28.06.2017. Atin Law paid Rs. 45 lakhs and a taxation amount of Rs. 2,02,5001 as consideration for the total amount of Rs. 48,21,250. The project remained incomplete, and possession was not delivered to the complainant.

Case Number: RAJ-RERA-C-N-2022-5081

Complainant: Atin Law

Respondent: Tushar Real Home LLP

Date of Order: 16.02.2023

Presiding Member: Honorable Shri Salvinder Singh Sohata

Legal Proceedings:

The complainant invoked section 31 of the Real Estate (Regulation and Development) Act, 2016, and sought a refund with interest. The case was brought before the Rajasthan Real Estate Regulatory Authority in Jaipur. However, neither the complainant nor the respondent, Tushar Real Home LLP, were present during the proceedings. The respondent, despite being a registered promoter of the project "Shivalika" with registration No. RAJ/P/20171018, did not appear before the Authority.

Decision and Order:

Given the absence of the parties and the respondent's non-appearance despite being served, the Authority exercised its power under Rule 35 (2) (J) of the Rajasthan Real Estate (Regulation and Development) Rules, 2017, to dispose of the case on its merits. The Authority noted that an allotment letter and a memorandum of understanding were issued in favor of the complainant. According to the memorandum, if possession was not delivered within 24 months (i.e., by 30.06.2019), the booking would be considered canceled, and the principal amount would be refunded as per the agreed terms.

The Authority observed that the project was still incomplete and categorized as lapsed. The promoter had been granted an extension for the project's registration validity until 28.02.2023. Hence, the provisions of the memorandum automatically applied. Therefore, the complainant was entitled to seek a refund under section 18 of the Act.

The Authority allowed the complaint and directed the promoter, Tushar Real Home LLP, to refund the principal amount and interest at the rate of 8.6% of the highest Marginal Cost of Lending Rate (MCLR) of State Bank of India (SBI) plus 2% from 01.07.2019. The promoter was given 45 days from the date of uploading the order on the Authority's website to make the refund.

Furthermore, the Authority directed that in case of non-compliance, if the complainant decree holder files an execution application within two years, recovery proceedings should be initiated against the promoter. The cases would be remitted before the concerned District Collector under section 40 (1) of the Act.

Conclusion:

The Rajasthan Real Estate Regulatory Authority, in its order in case number RAJ-RERA-C-N-2022-5081, ruled in favor of the complainant, Atin Law, against the respondent, Tushar Real Home LLP. The complainant was granted a refund of the principal amount and interest, and the promoter was directed to comply within 45 days. The Authority emphasized the importance of adhering to the provisions of the Real Estate (Regulation and Development) Act, 2016, in ensuring transparency and protecting the rights of homebuyers.

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-N-2022-5081 before the Rajasthan Real Estate Regulatory Authority

We hope you found our blog insightful and engaging! We appreciate your time and interest. If you enjoyed reading it, don't forget to subscribe to our newsletter to receive regular updates on our latest content. Visit our website www.reunionhq.in to know more.