Understanding the Rajasthan Real Estate Regulatory Authority Case: Insufficient Refund for Booked Flat

In the case of the Rajasthan Real Estate Regulatory Authority (RERA), a complaint has been filed by Kamla Devi and Chiranjilal regarding an insufficient refund for a booked flat. This article aims to provide an overview of the case, including the background, parties involved, complaint details, respondent's response, observations, the order and directive issued by the authority, and the implications of the case. Let's delve into the details.

Background of the Case

The case involves a dispute between Kamla Devi and Chiranjilal, the complainants, and RSR Elite Developers Pvt. Ltd., the respondent. The complainants had booked a flat in a project promoted by the respondent but decided to withdraw from the project due to their weak financial situation. They claim to have paid a sum of Rs. 1,34,998/- and are seeking a full refund for their withdrawal.

Overview of the Parties Involved

Kamla Devi and Chiranjilal, the complainants, are individuals who booked a flat in the project. On the other hand, RSR Elite Developers Pvt. Ltd. is the company responsible for promoting the project and is the respondent in this case.

Complaint Details

The complainants assert that they withdrew from the project within the allowed time limit and should be entitled to a full refund. They had initially considered financing their unit through a Non-Banking Financial Company (NBFC), but due to their financial constraints, they could not proceed with it. As a result, they decided to withdraw from the project and requested a refund of the entire amount they had paid, which totals Rs. 1,34,998/-.

Respondent's Response

The respondent, represented by their counsel, raised a technical objection stating that the husband's name was omitted in the complaint. However, both the husband and wife were present in court, and their socio-economic background appeared to be challenging. The respondent's counsel expressed willingness to negotiate with the complainants to find a satisfactory resolution. The objection raised by the respondent's counsel is seen as an unfortunate attempt to avoid refunding a relatively small amount of money, considering the circumstances of the complainants.

Observations and Findings

It is observed that the complainants' financial situation is weak, and their withdrawal from the project was within the allowed time frame. The receipt of the payment made by the complainants has not been disputed, and there is no argument regarding the cancellation being outside the permissible period. However, it remains unclear how the respondent arrived at the refund amount of Rs. 38,128/-, as no signed agreement for sale has been presented.

Order and Directive

The Rajasthan Real Estate Regulatory Authority has issued an order in this case. The respondent is directed to refund an amount of Rs. 83,371/- to the complainants within 45 days. This amount accounts for a 10% deduction as administrative charges and takes into consideration the Rs. 38,128/- already paid by the respondent. The authority requires the respondent to submit a compliance report within 15 days after the refund is made. Failure to comply with the order may result in the complainants being allowed to recover the amount through legal means.

Conclusion and Implications

In conclusion, the case highlights the issue of insufficient refund for a booked flat and the exploitation of individuals from a poor socio-economic background. The order issued by the Rajasthan Real Estate Regulatory Authority emphasizes the importance of fair treatment and accountability in the real estate sector. It serves as a reminder for builders to consider the financial circumstances of their customers and adhere to the rules and regulations established by RERA.

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-2021-4186 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.