In the case of Hina Shah vs. Runwal Realty Pvt Ltd (Complaint No. CC006000000195166), the complainant above named has filed this complaint seeking reliefs from MahaRERA to direct the respondent to refund the amount paid to the promoters and compensation under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of booking of Flat no. T1-1201 in the respondent’s registered project known as “Nirvana Part I” bearing MahaRERA registration No. P51900010100 at Mumbai.
Facts of the case: It is the case of the complainant that the respondent has accepted Rs. 11,00,000/- as refundable advance by cheques dated 11.08.2015 without issuing any allotment letter or agreement for sale for booking of the said flat. The complainant demanded refund due to certain personal issues and the respondent agreed to refund the same and the respondent’s office issued a cancellation deed to the complainant having all the transaction details and got it signed by the complainant and took it back promising signatures on their part from authorized signatory. However, till date it has neither refunded the consideration paid nor has delivered the signed copy of cancellation deed.
Hence the respondent has violated section 7 and 11(5) and 12 by doing the above said acts. As per section 12 of RERA, the complainant has asked for refund of amount paid to respondent by the complainant along with 12% PA and compensation of Rs 5,00,000/- for not writing down oral representation with regards to terms of agreement. The complainant has further asked for compensation.
It has further stated that there is no relation between complainant and respondent as allottee and promoter in view of the cancellation/withdrawal of the booking by the complainant on 4-5-2016 prior to RERA coming into force. It is stated that the complainant at the time of booking of the said flat had signed the application for booking form dated 9-11-2015 thereby agreeing to the terms and conditions mentioned therein and paid an amount of Rs. 11 Lakhs towards the booking amount out of the total consideration of the said flat of Rs.2,28,84,500/-. It is stated that again by way of letter dated 7-6-2016 she requested to cancel the booking due to her personal constraints due to which she was not in a position to pay the balance amount towards the said flat.
Accordingly, the respondent has accepted the cancellation and executed the cancellation deed on 23-06-2016 and the same is signed by both the parties. A copy of the same has been submitted by the complainant on record of MahaRERA along with her own complaint. The complainant has alleged that in the said cancellation deed the respondent has agreed to refund the booking amount paid by her. However, the respondent has contended that the said booking amount paid by the complainant stands forfeited by virtue of clause No. 5 of the said booking application form.
Order: In an order dated 4th August, 2021, since the cancellation deed has been duly signed by both the parties, wherein no amount of refund has been mentioned by both the parties, therefore the complainant cannot seek any refund of the booking amount in accordance with the said cancellation deed dated 23-06-2016. Hence the MahaRERA does not find any merits in this complaint.