The Marbella Project Dilemma: Emaar India Limited vs. Sanjay Raina and Anita Raina

In a significant real estate dispute, Emaar India Limited (formerly known as Emaar MGF Land Limited) has filed a complaint against Sanjay Raina and Anita Raina. The case revolves around the non-possession of a villa, allegations of substandard construction, and a breach of agreement. The Haryana Real Estate Appellate Tribunal has played a crucial role in resolving this matter. This article provides an in-depth analysis of the case, including the background, arguments presented, and the tribunal's decision.

Background

• Appellant: Emaar India Limited (Formerly known as Emaar MGF Land Limited)
• Appellant's Representative: Mr. Subrat Kumar Pradhan
• Respondent 1: Sanjay Raina
• Respondent 2: Anita Raina

Complaint and Disposal:

• Complaint No.: CR/5006/2019 filed by Emaar India Limited against Sanjay Raina and Anita Raina.
• Complaint Disposal Date: 12.02.2021 by the Haryana Real Estate Regulatory Authority.
• Disposal Decision: The complaint was disposed of, advising Emaar India Limited to pursue the matter before the National Company Law Tribunal (NCLT) due to its pending status there.

Case Details

Property Allotment and Agreement:

Emaar India Limited allotted a villa (MAR-BE-053) measuring 267 square yards with a super built-up area of 5605 sq. ft. to Sanjay Raina and Anita Raina. This villa was part of the "Marbella" project located at Sector 65/66, Gurugram, Haryana. The parties executed a Buyer's Agreement on 05.03.2014, which specified a possession period of 30 months, with a grace period of three months from the commencement of development work.

Allegations by Emaar India Limited:

Emaar India Limited claimed that it offered possession of the villa to Sanjay Raina and Anita Raina on 06.06.2019 after they paid the outstanding amount of Rs.3,20,47,909/-. However, the respondents did not accept the offer, leading Emaar India Limited to file a complaint seeking possession of the villa and the outstanding payments.

Counterarguments by Sanjay Raina and Anita Raina:

Sanjay Raina and Anita Raina countered Emaar India Limited's claims by stating that the villa offered was substandard and unfit for habitation. They argued that the actual construction significantly deviated from the luxurious villa advertised. The respondents also highlighted issues such as inadequate infrastructure and lack of proper access to the villa. They terminated the agreement on 02.09.2019, prior to the filing of the complaint by Emaar India Limited.

Tribunal's Decision

Initial Disposal:

On 12.02.2021, the Haryana Real Estate Regulatory Authority disposed of the complaint by advising Emaar India Limited to pursue the matter before the NCLT, as it was already pending there. The complaint was set aside, and the file was consigned to the registry.

Appeal and NCLT Dismissal:

Emaar India Limited appealed the disposal order and highlighted the subsequent dismissal of Sanjay Raina and Anita Raina's petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, by the NCLT. The NCLT dismissed the respondents' petition as withdrawn on 26.09.2022.

Tribunal's Verdict:

The Haryana Real Estate Appellate Tribunal allowed Emaar India Limited's appeal, setting aside the disposal order and remitting the complaint back to the Haryana Real Estate Regulatory Authority for a fresh trial and decision. The authority was instructed to expedite the process and scheduled a hearing for 03.02.2023.

Conclusion

The real estate dispute between Emaar India Limited and Sanjay Raina and Anita Raina showcases the complexities and challenges faced in the industry. With the case now remitted back to the Haryana Real Estate Regulatory Authority for further proceedings, it remains to be seen how the matter will be resolved. This case highlights the importance of addressing construction quality concerns and adhering to contractual obligations to maintain trust and transparency in the real estate sector.

Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) 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 Appeal No.110 of 2021 before the Haryana Real Estate Regulatory Authority

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