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Buyers who cancelled flat purchase to get full refund, MahaRERA tribunal directs developer

MahaRERA appellate tribunal observes post-dated cheques given by the promoter were not encashed by them so they were allottees; promoter had claimed they were not entitled to a refund

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A Thane-based couple had booked a flat in a project at Mulund West. Representation pic/Pradeep Dhivar

A Thane-based couple had booked a flat in a project at Mulund West. Representation pic/Pradeep Dhivar

In a landmark judgment by the MahaRERA appellate tribunal, a developer was ordered to pay a full refund of over Rs 18 lakh with interest to buyers who had cancelled the purchase of a flat. A Thane-based couple who had booked a flat in a Mulund-based project, had to cancel it as they needed money for a medical emergency. But the promoter of the project had claimed that since the couple had cancelled the purchase, they were not entitled to a refund with interest under the RERA Act.

The couple had booked a flat in the Olympia project by Nirmal developers located at LBS Marg, Mulund (W) on June 13, 2014. The promoter had issued a letter of intent on the same date. The promoter had also agreed to sell the flat for a total cost of Rs 87.96 lakh. The duo paid Rs 18.04 lakh to the promoter in return for a letter of allotment which was issued on the same day. The possession of the flat was assured by the promoter on or before December 31, 2017.

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