In the case of Binod Prasad Sinha and Madhu Sinha vs. Lodha Impression Real Estate Pvt Ltd and Ors. (Complaint No. CC006000000110810), the complainants have filed this complaint seeking direction from MahaRERA to the respondent to refund the US $ 92,869, which was arbitrarily not paid to the complainants in the name of forfeiture for non-payment. 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 a flats bearing No. 1001 and 1002 on 10th floor in the respondent’s registered project known as “Lodha Eternis Idyllia B, Serena B, Natura B and C” bearing MahaRERA registration No. P51800000293 situated at Andheri, Mumbai. The complainants further prayed for compensation for mental agony as the respondent has unilaterally cancelled booking of their flats.
Facts of the case: It is the case of the complainants that they booked two flats in the project of the respondent’s project and since they are residing in the U.S.A., they have executed one Power of Attorney dated 28/08/2019 in favour of Mr. Gaurang Sinha, authorising him to do all acts as more particularly set out in the said Power of Attorney, including conducting legal proceedings before the competent court of law / Authority.
Further, the said Mr. Sheldon Pinto, on one hand, confirmed vide his email dated 09/05/2015 that payment in excess of 19.9% of the property value cannot be made in terms of MOFA and, on other hand, he kept raising Demand Notice for additional payments with the threat that if the payments are not made on time, interest will be levied/chargeable @ 18% p.a. compounded quarterly and on two such occasions they ended up paying the penal interest @18% compounded quarterly for a total value of USD 1592 . Thereafter, since they failed to make the consideration payment and the respondents immediately sent Pre-Cancellation Notice dated 30/10/2015 to them, which clearly mentioned that the complainant no. 1 had defaulted in the payment of agreed amount along with applicable interest @ 18% per annum.
Thereafter, on 8th April 2016, they requested the respondent promoter to cancel one flat no. 1002 and transfer the money paid by them for flat no. 1002 to flat no.1001. However, the complainants have not produced the allotment letter/ agreement for sale with respect to booking of the said flat no. 1002. Thereafter, on 30th November, 2016 termination letter for both flats nos. 1001 and 1002 on the grounds of non-payment was sent to them which was arbitrary and shocking and that too without prior intimation when their request for adjustment of payment against the said flat no. 1001 for the purchase of the said flat no. 1002 was still pending with respondents. Hence, the complainants prayed for refund and interest and also to reimburse a sum of Rs.24,20,000/-, which the complainants have paid on 6-11-2016 to Inspector General of Registration towards stamp duty and registration fees and for compensation and not to create third party rights in the said flat no. 1002.
Order: In an order dated 29th April 2022, the complainants have mainly approached MahaRERA seeking refund of the money paid by them to the respondent. However, they have failed to explain under which provision of RERA, they are seeking such reliefs.