Ramveer Choudhary vs. V.N. Buildtech Pvt. Ltd.: A Closer Look at the Rajasthan RERA Case
Join us as we delve into the in-depth analysis of the recent case before Rajasthan RERA in Jaipur. Find out how Ramveer Choudhary's complaint against V.N. Buildtech Pvt. Ltd. unfolded and the court's final order. #RajasthanRERA #RealEstateDispute
In a recent case before the Rajasthan Real Estate Regulatory Authority (RERA) in Jaipur, Ramveer Choudhary filed a complaint against V.N. Buildtech Pvt. Ltd. The dispute revolved around the purchase of a unit in the project 'Exclusive 444,' where the complainant alleged a breach of agreement by the promoter. This article provides an in-depth analysis of the case, highlighting key facts, legal arguments, and the final order.
Case Details:
Case Number: RAJ-RERA-C-2020-3602
Complainant: Ramveer Choudhary
Respondent: V.N. Buildtech Pvt. Ltd.
Date of Order: January 5, 2023
Background:
Ramveer Choudhary booked unit C-514 in the 'Exclusive 444' project, registered under number RAJ/P/2018/805, for a consideration of Rs. 30,83,940. An agreement for sale was executed on August 30, 2017, with an expected delivery period of 42 months, including a grace period of six months. However, the complainant applied for an exit from the project on May 1, 2018, citing certain circumstances. The promoter responded to this application on May 16, 2018, subject to specific terms and conditions.
Legal Arguments:
The complainant claimed to have made a total payment of Rs. 24,64,509, including a deposit of Rs. 2,00,000 through loan advancement and the remaining amount through personal resources. On the other hand, the promoter argued that only Rs. 22,00,455 was deposited by the complainant. Both parties failed to provide a legible copy of the communication dated May 16, 2018, which contained the terms and conditions of the exit agreement. The complainant filed an additional application, and the promoter replied to it without raising any objection regarding its admissibility.
Court's Analysis and Decision:
The court first addressed the promoter's objection to the additional complaint, stating that since the reply was based on the facts mentioned in the additional complaint, the objection was deemed invalid. The court then examined the deposit amount dispute, relying on the communication from the promoter dated May 16, 2018, which confirmed the complainant's claim of depositing Rs. 24,64,509.
Regarding the project's completion date, both parties failed to provide documentary proof of the date of excavation for Tower 'C.' Due to this lack of information, the court considered the expected finished date of the project as reported by the promoter during the project's registration, which was September 30, 2021. The court emphasized that the original finished date in the agreement or reported to the authority at the time of registration should be used for determining refund claims and interest calculations.
The court noted that the complainant had voluntarily opted for withdrawal from the project on May 1, 2018. Therefore, a deduction of 10% of the consideration (deposit) as administrative charges was allowed. The complainant was entitled to a refund after completion of the project but not beyond September 30, 2023. Additionally, the court awarded interest at a rate of 8.60% (highest MCLR of SBI+2%) from October 1, 2021, excluding any moratorium notified by the authority.
Conclusion:
The Rajasthan Real Estate Regulatory Authority, Jaipur, resolved the case between Ramveer Choudhary and V.N. Buildtech Pvt. Ltd. by partially allowing the complaint. The court determined the deposit amount based on the communication from the promoter and established the expected finished date of the project. It ordered the promoter to refund the amount after deducting administrative charges and awarded interest from October 1, 2021. This case highlights the significance of adhering to contractual obligations and the role of RERA in 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 RAJ-RERA-C-2020-3602 before the Rajasthan Real Estate Regulatory Authority
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