Promoter can ask last payment only if all amenities are complete.

Ramesh Kumar Mishra V/s Bhopal Development Corporation (M-BPL-18-0118) Order dated: 17th April 2018.

 

The Complainant had been allotted a plot in Aerocity Phase I by the Respondent on 1st May 2015. The Complainant was to pay the consideration in four installments to the Respondent according to the offer. Complainant maintained that since the roads and other facilities are not complete he refused to take the possession of the plot and not paid last installment due to the Respondent. He also maintain that after he execute the transaction, the maintenance charges will be started by the Respondent.

The Respondent accepted that the development work is not complete in the scheme.

 

MP RERA Ordered: Respondent is eligible to ask the last installment only when the development work is over in all aspect and till than no interest can be charged from the Complainant.

 

Allotee not paid the Promoter according to Agreement for Sale hence money refunded without any interest after deduction of 10% cancellation charges. Order dated: 24th April 2018.

Kailash Tilwani V/s Prabhakar Construction Company (M-MDD-18-0173)

Order dated: 24th April 2018.

Respondent claimed that the Complainant had not paid according to the terms of the Agreement for Sale. The onus is on the Allotee under Section 19 to pay according to the terms of the Agreement for Sale. The Complainant said that he had entered into registered agreement for sale with the Respondent on 5th Aug 2014 in District Raisen of MP. The Respondent said that he constructed 4 floor but the allottee has not paid according to the schedule of the Agreement for Sale hence not maintainable.

MP RERA Ordered: Since the Allottee has paid only 20% where as the construction is almost 60% over, hence Respondent is eligible to cancel the agreement and booking. Respondent can deduct 10% of cancellation charges and return the money to the Complainant without any interest.