Deen Dayal Awas Yojana (DDJAY) project
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This brief explains a common order for 9 separate complaints, namely, [] Omprakash Vishwakarma (CC006000000171581), [] Betavina Benedict Fernandes (CC006000000192150), [] Desmond Demelo (CC006000000192732), [] Jerry Buthello (C006000000193032), [] Ganesh Palkar (CC006000000103271), Nirmala Radheshyam Gupta (C006000000193714), [] Ashok Zujya Koli and Kalpesh Ashok Koli (CC006000000195297), [] Pravin Ashok Akolkar (C006000000196170), [] Rameshwari Pravin Akolkar (CC006000000196173), [] Alpana Patel (C006000000196655), against a common respondent, Karmm Brahmaand Affordable Homes Pvt Ltd


The complainants above named have filed this complaint seeking reliefs from MahaRERA to direct the respondent to refund the amount paid along with interest and compensation under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of their respective flats in the registered project of the respondent known as “Karrm Brahmaand Affordable Homes Pvt Ltd” bearing MahaRERA registration No. P99000011896 at Kelwa Road, Dist. Palghar.


Facts of the case: It is the case of the complainants that based on the publicity, representations and assurances made by the representatives of respondents in the month of June 2017, the complainants agreed to purchase their respective flats in the said project. Accordingly, the respondent issued an undated booking form to the complainants.

The complainants stated that the possession of the said flat booked by them was to be delivered in the month of June 2019, but the project has been delayed for a considerable period of time. The proposed date of completion of the project was 31st December 2025 and revised proposed date of completion of the project as 31st December 2026 and as such the complainants stated that they cannot wait indefinitely. The reasonable period for grant of possession is 3 years if no date of possession is stated in the allotment letter or agreement for sale as the case may be. The complainants stated that they have made payments in aggregate and despite the respondent receiving more than 20% of the sale consideration has failed and neglected to enter into agreements for sale for the flats in question and as such there is a breach of section 4 of MOFA and in case of section 13 of RERA the said amount is 10% of the cost of the apartment.


The aforesaid provisions of section 18 of the RERA mandates the “agreement for sale”. However, in the present case admittedly no registered agreements for sale entered into between the parties showing any specific date of possession. In absence of any agreement for sale, another crucial document for the booking of a flat would be the “allotment letter”. However in the present case, the MahaRERA has noticed that most of the complainants have sought cancellation of their booking by sending letters to the respondent and the same has been accepted by the respondent promoter.


Even, the respondent has issued post dated cheques to the complainants by accepting and acknowledging the refund request of the complainants. But the said cheques got bounced and the money could not be paid to the complainants. It is seen that the main relief sought by the complainants herein has already been processed and accepted by the respondent and it has also taken action by issuing cheques. Hence, the MahaRERA is of the view that nothing survives in these complaints which is to be decided by MahaRERA from a legal point of view and the following order is passed by the MahaRERA in compliance with principles of natural justice which would end this matter.


Order: In a common order dated 18th August 2021, the claim of the complainants towards interest and compensation stands rejected. The respondent is directed to refund the entire amount paid by them without any interest within a period of 6 months from the date of this order considering the present pandemic situation.

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