Understanding RERA Case: Refund and Discontinuation of Real Estate Project in Rajasthan

In the realm of real estate disputes, the Rajasthan Real Estate Regulatory Authority (RERA) plays a pivotal role in ensuring fair resolutions. One such case involves Usha Yadav and Triveni Garden Pvt. Ltd., where the complainant sought a refund with interest for late payment charges. Delving into the details of this case sheds light on the significance of RERA and its impact on real estate transactions.

Background of the Case

At the heart of the dispute lies the "Triveni Homes" project, registered under RAJ/P/2018/617. Usha Yadav, the complainant, had shown interest in Flat No. L1 – 402 of the project. Though she paid a substantial amount of Rs. 1,10,880/- towards the consideration of Rs. 9,90,000/-, the Agreement for Sale between the parties remained unexecuted.

The Dispute and Legal Provisions

Usha Yadav's complaint sought a refund of her deposited funds and interest on late payment charges. This dispute invokes Section 18(1)(b) of the RERA Act, 2016, which holds significance in cases of suspension or revocation of project registration. Adhering to RERA's rules and regulations is imperative for real estate developers to maintain transparency and protect the interests of homebuyers.

Court Proceedings

The legal proceedings saw Advocate Sanjay Yadav representing Usha Yadav as the complainant and Adv. Yogesh representing Triveni Garden Pvt. Ltd. as the respondent. Due to peculiar circumstances and a revocation order against the respondent, the request for adjournment was denied by the Authority. The rejection of the application for an extension of registration validity preceded the Hon'ble Chairperson's order of 27th March 2023, revoking the registration of the "Triveni Homes" project.

Implications of Project Revocation

Crucially, the revocation order remained unchallenged before the Hon'ble Rajasthan Real Estate Appellate Tribunal (REAT). This lack of challenge implies the respondent's discontinuation of their real estate project. Section 18(1)(b) of the RERA Act comes into play, affirming the complainant's right to demand a refund of the deposited amount, along with interest and compensation.

Allottee's Right to Refund

The complainant, Usha Yadav, holds an absolute right to claim a refund of her deposited money from the respondent. RERA's mandate stipulates that the refund must be processed within 45 days from the date of the order's upload on the Authority's webpage. By adhering to the statutory provisions, RERA aims to safeguard the interests of allottees like Usha Yadav, ensuring accountability on the part of real estate developers.

Conclusion

The Usha Yadav vs. Triveni Garden Pvt. Ltd. case showcases the indispensable role played by RERA in resolving real estate disputes in Rajasthan. With a focus on protecting homebuyers' rights, RERA ensures that real estate transactions adhere to established norms and regulations. By upholding transparency and fairness, RERA strengthens trust between homebuyers and developers, fostering a more secure and reliable real estate ecosystem in the region.

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 NO. 91/2022 before the Rajasthan Real Estate Regulatory Authority

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