09 May,2021 07:14 AM IST | Mumbai | Vinod Kumar Menon
In a complaint made to MahaRERA, the man’s lawyer Anil Dsouza (left) stated that the complainant had already paid Rs 30 lakh to the developer
A 62-year-old man's dream of buying a home has remained unfulfilled. The man, requesting anonymity, said that he bought a flat in 2015 in an under-construction project titled Krishna Palace in Borivali. The property was bought for a total consideration of over Rs 56.87 lakh, out of which he made a payment of Rs 20 lakh right at the start and Rs 10 lakh a while later. The developer, M/s Pentagon Built, even accepted this amount and issued payment receipts. However, he never got possession of his dream home.
In a complaint made to MahaRERA, the man's lawyer Anil Dsouza stated, "The complainant had already paid Rs 30 lakh, but the developer did not register the agreement for sale. Hence, the complainant sought cancellation of his booking in January 2020 and demanded a refund. However, in November 2020, the complainant claims that the developer sent a draft agreement for sale, mentioning possession date as June 30, 2021, which was not acceptable. So, the complainant approached MahaRERA seeking refund with interest and compensation."
MahaRERA has issued a refund order in favour of the man. Dr Vijay Singh, member of MahaRERA, said, "The respondent (developer) has issued an allotment letter for said booking on January 7, 2015. However, in the absence of any agreed date of possession, the claim of complainant towards refund along with interest and compensation under Section 18 of RERA has no substance. Therefore, a refund will be issued without interest."
The lawyer representing the developer, in a written submission, resisted the complainant's claim. Since the firm is facing a financial crunch, the developer has stated that he needed a time of 12 months to repay the amount to the complainant.
