This brief explains a common order for 4 separate complaints, namely, [Sr.no.1] M/s.Nisan Scientific Process Equipments Private Limited Through Its Director Mrs. Punam N Nikam (Complaint No. CC006000000193403), and [Sr.no.2] Mr.Nitin S Nikam and Mrs.Punam N Nikam (Complaint No. CC006000000193406), against a common respondent, M/s.HGP Community Pvt.Ltd.
The complainants above named have filed these complaints seeking reliefs from MahaRERA to direct the respondent to refund the amounts paid by the complainants along with interest under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of their respective flats bearing nos. 1304 and 1305 both on the 13th floor of Wing D, admeasuring 69.67 sq. mtrs. carpet area along with two covered/ mechanical car parking each in the respondent’s registered project known as “Castle Rock C and D Wing” bearing MahaRERA registration No. P51800000405 located at Hiranandani Gardens, Powai, Mumbai. The complainants also prayed for cancellation of allotment issued in their favour by the respondent.
Facts of the case: It is the case of the complainants that they have booked apartments being 1304 and 1305 for a consideration of ₹2,87,06,500/- each being constructed by the respondent on the terms and conditions vide Allotment Letters dated 30/04/2017 and 20/4/2017 bearing Customer No 15026478 and 15026431 respectively. They have stated that the respondent conveniently failed to mention the possession date in the said Allotment Letters. The complainants stated that in this case, even after accepting more than 20% of the consideration, the respondent kept on demanding further payments from the complainants without executing the registered agreements for sale with them. It had also threatened termination of the said allotment letters.
The respondents denied the legitimate rights of the complainants to withdraw from the project stating that the project is on verge of completion, whereas, in fact the completion date as stated to RERA is 30/06/2023. The respondent in its Allotment Letters dated 30/04/2017 and 20/4/2017 had restricted the complainants from cancelling and/or transferring the benefits under the said Allotment Letters for a period of three years, which expired on 30/04/2020 and 20/04/2020 respectively. The complainants further stated that as per clause 18 of the Model agreement for sale prescribed under MahaRERA Rules, it is statutory duty of the promoter to refund the full booking amount to the allottee. The complainants were restricted from cancelling the allotment letters for a period of three years and therefore the respondent has a huge sum of more than Rs. 60 lakhs and has used the amounts for the construction whereby respondent has earned enormous profits in form of appreciation
Order: In a common order dated 28th October 2021, considering these facts and circumstances of this case, the MahaRERA does not find any merit in the claim raised by the complainant for refund along with interest. Hence the same stands rejected.
However, since occupancy certificate has already been obtained for the complainant’s flats, the possession of the same may be given to the complainant if the complainants so desire subject to the payment of outstanding dues as per the terms and condition of the allotment letters by executing the agreements with the complainant