Case not maintainable as issue is pending in Consumer Court

By Dr. Sanjay Chaturvedi, LLB, PhD

Achal Tiwari V/s. Bellissimo Hi Rise Builders Pvt Ltd (Lodha Developers Pvt’ Ltd. (CC006000000000745) order dated 27th Oct 2017 by Maha RERA

The Complainant had booked an apartment in the respondent’s project’ Palava Viento’ located at Palava, Dombivali, under a registered agreement for sale dated June 18, 201’4 and

the date of possession was stated as July 31,,201,6 with a further grace period of 12 months’ sometime in April 2016, via emails, the respondent had conveyed to the complainant that the possession of the said apartment willbe handed over by the end of May 2017′ Further’ the emails stated that in case the complainant intends to cancel his allotment on the basis of the assumption that the possession may be delayed beyond the stipulated period’ such cancellation shall be guided by the terms and conditions of the agreement for sale.

On 29 June 2016, the parties executed the deed of cancellation. The refund was delayed.

It was observed that the complainant has also filed a case against the respondent before the State Consumer Disputes Redressal Commission, Mumbai on the same grounds as pleaded before Maha RERA.. Matter dismissed.

Credits: Landmark Judgements of RERA (Book)

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