Asks developer to refund amount with interest at the rate of 10.55 % per annum to complainant, also directs to pay Rs 1 lakh for compensation and Rs 50,000 towards complaint
Complainant Naresh Bohra claimed that the developer had failed to register the agreement under RERA with the same terms and conditions and even furnished false information
For the first time, RERA has given a verdict in favour of a complainant, after accepting a phone conversation as evidence in a case. Real estate lawyers and activists have welcomed the recent order of MahaRERA (Maharashtra Real Estate (Regulation and Development) Act, 2016 (RERA)), wherein the recorded telephonic conversation between a flat buyer, a businessman, Naresh Bohra, and a developer's representative was used as evidence.
mid-day, in its article, 'In a first, RERA accepts recorded call as proof,' on May 16, 2018, had written about the acceptance of the telephonic conversation as evidence by MahaRERA. The matter was adjourned for final order. Advocate Nilesh Gala represented the complainant.
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The directives
On February 25, 2019, MahaRERA passed the final order, wherein Member and Adjudicating Officer, MahaRERA B D Kapadnis, directed the builder to pay the complainant, Bohra, Rs 37,56,538 with an interest at the rate of 10.55 % per annum from the date of receipt of the amount till its refund. The builder has also been directed to pay Rs 1 lakh to the complainant towards compensation and Rs 50,000 towards the cost of complaint.
An advertisement of the project where he had booked the flat
Directives have been given to the builder to form a society /association of the allottees of the project within one month of the order (according to the complainant over 51 percent of booking has already been done for the project and as per RERA, the builder had not formed a society of allottees). The MahaRERA member has also made other stringent warnings to the builder asking him to ensure adherence to the Act.
The complaint
Bohra, had booked a three-bed room flat along with two car parking spaces on April 27, 2016, in an upcoming project by M/s Radius & Deserve Builders LLP (Anantya) in Chembur for a total consideration of R1.78 crore, of which he had paid Rs 37.56 lakh. As per the allotment letter, the possession of the flat was to be given by December 31, 2020. And then he learnt that the builder had given a revised date of 2024.
Bohra claimed that the developer had failed to register the agreement under RERA with the same terms and conditions and even furnished false information with it. Bohra had recorded a conversation with the senior sales executive of the developer on December 16, 2017, wherein the said person had acknowledged the facts at the time of booking the flat.
Rs 37,56,538
The amount to be refunded to the complainant
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