Understanding the Complaint: Satya Dev Sharma's Claim against Trehan Apna Ghar Pvt. Ltd.

The Rajasthan Real Estate Regulatory Authority (RERA) recently ruled on a case involving a complaint filed by Satya Dev Sharma against Trehan Apna Ghar Pvt. Ltd. The case, bearing complaint number RAJ-RERA-C-2020-4006, revolved around the delay in possession of a flat and the subsequent request for a refund. The order, issued on February 15, 2023, provides an insight into the arguments presented by both parties and the final decision of the authority.

Satya Dev Sharma, the complainant in the case, stated that he had booked a flat on August 13, 2015, and entered into an agreement for sale with Trehan Apna Ghar Pvt. Ltd. on February 22, 2016.

The complainant alleged that the respondent had promised to hand over possession of the flat by May 2016. However, despite continuous follow-ups and requests, the possession was not offered until December 2020. By that time, the complainant argued that his need for the flat had diminished, leading him to decline the offer of possession and seek a refund of the entire amount paid, which amounted to Rs. 13.58 lakh out of a total sale consideration of Rs. 16.41 lakh.

Represented by Advocate Samkit Jain, Trehan Apna Ghar Pvt. Ltd. contended that the project in question, "Royal Court," located in Behror, Alwar, was promoted by the respondent. They acknowledged the execution of the agreement for sale between the complainant and themselves, which stated a possession period of thirty-six months with a grace period of six months.

This meant that the due date of possession was August 11, 2019. The respondent argued that they had offered possession to the complainant on March 6, 2018, in another completed block of the same project, but the complainant did not respond to the offer. The respondent also provided the option to switch to any of the "ready to move" apartments, which the complainant declined.

The completion of the project, including the block where the complainant's flat was situated, occurred within a reasonable time frame after the promised possession date. The completion certificate had been obtained, and possession of the allotted flat was offered in December 2020, albeit with a slight delay due to technical difficulties.

After hearing the arguments from both parties, the Rajasthan Real Estate Regulatory Authority evaluated the case. They observed that the complainant's claim of receiving a mail promising possession in May 2016 did not hold much weight. The authority emphasized that the mail could not supersede the commitment outlined in the signed agreement for sale, which clearly stated a possession period of 42 months.

It was deemed unreasonable to expect possession within a mere three months of signing the agreement. Furthermore, the complainant had declined the offer of possession in a completed block, demonstrating the respondent's genuine intention to provide an alternative. The authority acknowledged the reasonable delay in project completion due to the Covid-19 pandemic and noted that the completion certificate had been obtained.

Based on the discussions and observations, the Rajasthan Real Estate Regulatory Authority directed the complainant not to insist on a refund but instead take possession of the flat by paying the balance amount as per the agreement for sale. No interest or holding charges were deemed payable to the respondent. The complainant would only be responsible for maintenance charges from the date of possession of the unit.

The case between Satya Dev Sharma and Trehan Apna Ghar Pvt. Ltd. before the Rajasthan Real Estate Regulatory Authority sheds light on the importance of adhering to the terms and conditions outlined in the agreement for sale.

While the complainant claimed a delay in possession and sought a refund, the authority's ruling highlighted the significance of contractual commitments. It emphasized that the respondent had made reasonable efforts to provide possession and complete the project within a satisfactory timeframe. The decision underscores the role of regulatory bodies in safeguarding the interests of both homebuyers and developers in the real estate sector.

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 Complaint No. RAJ-RERA-C-2020-4006 before the Rajasthan Real Estate Regulatory Authority

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