Not getting timely possession of property from the builder is one of the worst feelings. In the recent times, it has been seen that builders or promoters delay the possession of property not by days but by months and years and this not only causes monetary loss to the buyer but also causes mental agony and suffering. In such a situation MyAdvo can be your guiding angel.
Recently MyAdvo has helped its client Mr. Sachin Sachdeva and succeeded in providing him relief from the promoter M/s Supertech Limited by way of refund of Rs. 66,94,711 alongwith simple interest of 8.25 % to be paid to Mr. Sachdeva by the Supertech within 45 days from the date of order which is 20 February 2018. The order has been passed by the Real Estate Regulatory Authority (RERA), Uttar Pradesh in favor of Mr. Sachdeva and against the Supertech.
MyAdvo with the help and support of its lawyer, Anagh Mishra has been successful to claim the refund from the Promoter Supertech under the recently enacted statute Real Estate (Regulation and Development Act), 2016 and has set a precedent.
The matter in the instant case pertains to the homebuyer Sachin Sachdeva (hereinafter referred to as complainant). Complainant purchased a flat from the Supertech (hereinafter referred to as Opposite Party) under their housing scheme ORB Homes in Sector 74 Noida bearing plot no. G-H-01/A and flat no. 1203 was allotted in the joint name of the complainant and his wife - Mrs. Niti Sachdeva. In furtherance of the allotment, an Allotment Letter, and Terms & Conditions was signed between the Complainant and the Opposite Party on 12/09/2013. The Allotment Letter clearly states that the possession of the flat will be handed over to the complainant in June 2016 and if the Opposite Party fails to deliver the possession within the six months from the specified time they shall be liable to pay a penalty of Rs 5 per sq ft X super area per month but the possession has not been handed over the complainant till date. Therefore, to claim refund from the opposite party complainant has filed a case through MyAdvo.
The opposite party in its defense has said that they have offered an alternative residence to the Complainant as the tower in which the flat was allotted to the Complainant is still under construction and only 17 floor in the 46 floor building has been constructed. Therefore, the opposite party has prayed that the complainant be given a direction to accept the alternative residence being allotted to him till the originally allotted flat is ready.
It has been observed by the RERA Authority of UP that the Opposite Party has not given any deadline for completion of the project instead they are offering the alternative residence to the complainant and also no timeline has been mentioned by them for arranging the alternative residence. It has been further observed by the Authority that Clause (E)(9) of the Allotment Letter clearly states that if the delay in possession is because of the reasons beyond the control of the Opposite Party then in such a situation an alternative residence shall be allotted to the allottee and if the alternate residence is unavailable or is not acceptable to the allottee (complainant in the instant matter) then the Opposite Party shall be liable to return the full amount paid by the allottee.
The Authority noted that the Opposite Party have failed to mention whether the delay in construction has been made due to reasons beyond their control and if so what are those reasons and the statement of the opposite party for arranging the alternate residence cannot be trusted. It has been further noted by the Authority that a notice for refund dated 18/3/17 has been sent by the Complainant to the Opposite Party and the Opposite Party in its reply dated 03/11/17 has admitted to the payment of Rs 66,94,711 by the Complainant to the Opposite Party.
Therefore, it has been held by the Authority that Opposite Party has violated the terms of the allotment letter by unreasonably delaying the possession and thus the Complainant has a right to demand and get the refund of amount paid by him alongwith interest. Thus, Opposite Party has been directed by the Authority to refund the amount of Rs. 66,94,711 alongwith simple interest of 8.25% within 45 days from the date of order.
Mr. Sachin Sachdeva appraising the efforts of MyAdvo team and their lawyer, Anagh Mishra has said that even after contacting the builder multiple times there was no response from the side of the Supertech and after going through a lot of hassles I contacted MyAdvo through a friend and with the help, support and guidance of the lawyer, case manager assigned to me Ms. Zoya Sharma and her entire team my grievance got resolved and I got the order for getting my money back. I thank Zoya, Advocate Anagh and MyAdvo team for resolving my matter proactively.
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