In a recent case, Rajasthan Real Estate Regulatory Authority (RERA), Jaipur, addressed a RERA complaint filed by Purnima Mukherjee against Ravi Surya Affordable Homes Pvt. Ltd. regarding the incomplete Surya Residency project. The complaint was heard by Hon’ble Chairperson Smt. Veenu Gupta.

Case Background

Purnima Mukherjee had booked Unit No. A-703 in the Surya Residency project for ₹29.9 lakh and paid ₹10,27,812. As per the agreement signed on August 5, 2020, the builder promised possession by November 30, 2023. However, the builder issued a cancellation letter on May 16, 2022, citing payment defaults. Mukherjee successfully contested the cancellation earlier, with RERA Rajasthan quashing it in an order dated August 7, 2023. Despite this, the project remained incomplete post the agreed possession date, leading to a fresh complaint for a refund and interest.

Respondent’s Argument

The builder argued that:

1. The complainant failed to pay ₹20.35 lakh, the balance amount for the unit.
2. Delays occurred due to uncontrollable factors like COVID-19, sand mining restrictions, pollution control notices, demonetization, and regulatory changes like GST and RERA implementation.
3. The complaint should be dismissed under legal doctrines like res judicata (case already decided) and technical errors in the filing.

Complainant’s Stand

Mukherjee countered that:

1. The earlier complaint focused on the cancellation letter, while the present complaint sought a refund after the due possession date had passed.
2. The builder’s failure to complete the project and hand over possession was a breach of contract.

RERA’s Observations and Decision

After hearing both sides, RERA concluded:

1. The earlier complaint and the present one involve distinct issues; hence, res judicata does not apply.
2. The builder failed to deliver possession on time, violating contractual commitments.
3. The complainant is entitled to a refund with interest at 11.10% per annum (SBI’s highest MCLR + 2%), calculated from November 30, 2023, until the refund is made.

The builder has been directed to refund the amount paid within 45 days of the order’s publication.

Implications

This case highlights RERA’s commitment to protecting homebuyers’ rights and enforcing timely project delivery. It underscores that developers must adhere to agreed timelines or face financial consequences.

Note: For more understanding about who can file a RERA Complaint in Rajasthan contact either a practicing advocate in jaipur or ca in jaipur.