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In the case of Haresh Desai (since deceased) and Harsha Desai vs. Kavya Buildcon Pvt Ltd, Jupiter Landscapes Pvt Ltd, DHFL (Complaint No. CC006000000110829), the complainants have filed this complaint seeking directions from MahaRERA to the respondent to refund the entire amount paid by him along with interest under the provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of the two flats bearing Nos. A-301 and B-301, measuring 480 sq. ft. carpet area in the respondent’s registered project of the respondent known as “Kavya Grandeur” bearing MahaRERA registration No. P51700007431 located at Thane.

Facts of the case: It is the case of the complainants that they are purchasers of two flats in the respondent’s project being developed by the respondent nos.1, respondent no. 2 is the alleged new promoter of the said project being developed by the respondent no.1. The respondent no.3 is an NBFC which has entered into a tripartite agreement with the complainants and respondent no.1, for grant of home loan facility under a subvention scheme for enabling the complainants to purchase the flats in the said project and vide a separate registered agreement being agreement for sale dated 13th February, 2017 they agreed to purchase flat no. A 301, for a lump sum consideration of INR 79,32,500/- out of which the complainants have paid to the respondents an amount of Rs.40,54,000/- and the balance amount payable is Rs. 38,78,500/-. Further, the amounts payable till date in respect of said flats have been paid and that there is no outstanding and/or demand made by the respondent no.1 and as per clause 9 of the said agreements the date of possession is stated as December, 2019 but the complainants stated that the said project is nowhere near to the start and for next 3 years the said project will not be completed. Hence the complainants stated that they wish to withdraw from the project on the grounds stated herein above and prayed to direct the respondent nos.1 & 2 to refund the entire amount of Rs. 19,00,000/- paid by the complainants to the respondents no. 1 alongwith interest at 18% per annum and further compensation till payment and realization under sections   12, 18, 71 & 72 of the RERA and further prayed to direct the respondent nos.1 and 2 to repay to the respondent no.3 the entire loan amount of Rs.69,65,350 disbursed by the respondent no. 3 to respondent no.1 till date along with interest accrued thereon as per the terms of the loan documents and to restrain the respondents from creating any right, title or interest or license in favour of anyone else in respect of the said flats, the unsold flats in the said project and the said project itself, in any manner.

Order: In an order dated 12th April 2022, in the present case, since the respondents have failed to handover possession of the flats to the complainants on the agreed date of possession committed in the registered agreements for sale, the complainants are entitled to seek refund under section 18 of the RERA. The respondent no. 2 is also directed to refund the entire amount paid by the complainants towards the consideration amount of the said flats along with interest as prescribed under the provisions of section-18 of the Real Estate (Regulation and Development) Act, 2016 and the Rules made there under from the date of payment till the actual realisation of the said amount to the complainants.

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